Reynolds v. StateReynolds v. State
These two defendants were convicted of kidnapping with bodily harm (injury), rape, aggravated sodomy and simple battery. They appeal separately following the denial of their motions for new trial. Held:
1. Both defendants enumerate error as to the sufficiency of the evidence to prove the convictions beyond a reasonable doubt although two of the enumerations of error of one of the defendants (Reynolds) are that the evidence was insufficient to corroborate that defendant’s confession (at least an incriminating statement if not completely admitting the crime) and the evidence was insufficient to support a conviction of kidnapping with bodily harm (injury). We review all of these enumerations of error in toto. The evidence here corroborated the admissions with reference to the crimes committed even though the defendant Reynolds contends that he was merely present when the crimes were committed and that his engagement in the sexual activities was consensual as to the alleged victim, if indeed it was necessary under
The evidence of physical injury to the victim’s body, both as to bruises and forcing her into the automobile and the various repeated acts of rape and sodomy, supported a conviction of kidnapping with bodily harm. See
Peek v. State,
2. The state offered evidence that during the investigation, and as the case centered upon one defendant (Curtis) in tracing the automobile to him at a certain address, this defendant gave the officer a false name. Whereupon, he was arrested for giving the false name. The defendant Curtis contends this was a pretext to get a picture of him, thus violating his constitutional rights, and the picture line-up thereafter was unfair and suggestive. These two enumerations of error are not meritorious in that the in-court identification of this defendant by the victim was not tainted by an unnecessarily suggestive pretrial identification procedure. First of all, there was no objection to the in-court identification at trial and this forecloses review of the matter on appeal. See
Respess v. State,
3. The trial court did not err in admitting into evidence the statements made by the defendants to the police officers. These statements were admitted after a Jackson v. Denno hearing (Jackson v. Denno,
4. The court presented to the jury for its consideration during its deliberations a multiple choice type of verdict form, that is (1) “not guilty on all counts as charged,” or (2) “guilty on all counts as charged”; then a list of the various counts or lesser included offenses under these counts as follows: (1) “Kidnapping with bodily harm,” or the lesser included offense of “Kidnapping”; (2) “Rape,” or the lesser included offense of “Simple Battery”; (3) “Aggravated Sodomy,” or the lesser included offense of “Simple Battery”; (4) “Robbery,” or the lesser included offense of “Theft by Taking”; and (5) “Aggravated Assault,” or the lesser included offenses of “Simple Assault” or
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“Simple Battery.” The jury marked through both “not guilty on all counts” and “guilty on all counts,” then found each defendant guilty as to the offenses of kidnapping with bodily harm, rape, aggravated sodomy, by adding the word “Guilty” to each count and circled same. As to the robbery count, the jury added “Not Guilty,” and also circled same. In the aggravated assault count the jury circled and added the word “Guilty,” as to the lesser included offense of “Simple Battery.” One of the defendants (Reynolds) contends that use of the form submitted to the jury for the recording of their verdict denied him a fair trial before an impartial jury, due process of law, and equal protection under the law. Counsel for defendant in the brief admits that he is aware of the cases holding that verdicts do not have to be in an exact form, nor do they even have to be on the correct paper, citing
Martin v. State,
Having found no merit in any of the enumerations of error raised by each of the defendants, we affirm the convictions of each defendant.
Judgments affirmed.