153 Ga. App. 868 | Ga. Ct. App. | 1980
Defendant was indicted on one count of rape and one count of aggravated sodomy, occurring on September 5, 1978, as to a female named therein. He was also indicted on one count of rape and one count of aggravated sodomy performed on another female against her will on September 14, 1978. These two cases were consolidated for trial. The jury returned its verdict of not guilty as to the offenses of rape and aggravated sodomy occurring on September 5, 1978, but as to the offenses of rape and aggravated sodomy occurring on September 14,1978, the defendant was found guilty on both counts and sentenced to serve a term of 15 years on each count to run concurrently. A motion for new trial was filed, amended, and after a hearing, denied. Defendant appeals. Held:
The first enumeration of error complains that it was reversible error for the prosecutor to state his belief as to defendant’s guilt during closing argument. Our examination of the transcript of the evidence and proceedings discloses that the argument of counsel was not transcribed. However, during the assistant district
Error is also enumerated that the trial court erred in charging "the jury as to presumptions regarding the defendant’s acts and the consequences of those acts.” Specifically the charge complained of is that the court instructed the jury "that the acts of a person of sound mind and discretion are presumed to be the product of the person’s will. And such person is presumed to intend the natural and probable consequences of their acts.” However, the court also charged the jury that "these presumptions may be rebutted.” The trial court immediately followed this portion of its charge with the instructions to the jury that "[s]uch person, however, will not be presumed to act with criminal intention, but you, the jury, may find such intention upon consideration of the words, the conduct, the demeanor, the motive, and all
Judgment affirmed.