Vern Gonzales Johnson was convicted of rape and armed robbery. He was sentenced to serve twenty years for rape and twenty years for robbery, ten years to be served concurrently with the rape sentence and ten years on probation. He brings this appeal enumerating thirteen alleged errors. Held,-.
1. In enumerations of error 1 and 6, Johnson argues in very nonspecific terms that the trial court erred in not granting full discovery following a
Brady
motion. The motion demanded complete access to the State’s file. However, it is clear that the defendant is not entitled to rummage through the State’s file in the name of discovery.
Hicks v. State,
2. Appellant complains in enumeration 2 the trial court erred in refusing to appoint a defense expert to aid in the investigation and preparation of the defense’s case. In the first place, the use of state funds for this purpose lies exclusively within the discretion of the trial court and the exercise of that discretion will not be condemned except where there is an abuse thereof.
Patterson v. State,
3. The limitation of the right to inspect the material evidence in the hands of the State under the supervision of state employees at the
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site of the evidence (the state crime lab) constituted an acceptable right of inspection and did not place an undue burden upon the defense.
Haynie v. State,
4. There is no merit in the contention that the search warrant did not properly describe certain clothing identified by the victim and similarly described in the warrant. The victim described clothing worn by her assailant as to type and color. This is sufficiently descriptive so as to meet the “generic description” required by the law of this state. See
Butler v. State,
5. In enumerations 5, 6, 8 and 10, Johnson urges the State pursued certain racially motivated actions. There is no basis for an allegation that the Grand and Petit Juries were not representative of the community either by age group nor by race or that the peremptory challenge of two black jurors was racially motivated. Appellant totally failed in producing any evidence to establish a statistical or factual basis of lack of proportionalness to warrant a grant of a challenge, to the array or to the composition of the juries. See
Whitehead v. State,
6. In enumeration of error 11, Johnson complains the trial court erred in failing to give each of his numerous requested charges. There is no objection to any particular charge nor any argument or citation of authority as to why the failure to give a particular charge was error in the context of the general charge or the facts of the case. The failure to support this enumeration with argument or citation of authority constitutes an abandonment of this enumeration and requires no consideration thereof by this court.
Pierce v. State,
7. In enumerations 9, 12, and 13, Johnson complains the trial court erred in denying a motion for directed verdict of acquittal and motion for new trial as to the charge of rape and armed robbery. The basis of these enumerations is that the credibility of the witness for the State was highly suspect and did not establish Johnson’s guilt beyond reasonable doubt or alternatively that the jury disliked Johnson. As an appellate court, we will not invade the province of the jury and weigh the credibility of the evidence. We will only look to ascertain if there is sufficient evidence to warrant a rational jury of reasonable personages to reach a finding of guilt beyond reasonable doubt. There is no doubt in our collective minds that the evidence in this case meets this standard.
Jackson v. Virginia,
Judgment affirmed.