Clark v. State
Clark v. State
Opinion of the Court
1. These defendants were jointly indicted, tried and convicted for the offense of rape. The testimony of the prosecutrix is firm that she was induced by the defendants to come up to their hotel room and was raped by each in turn. The general grounds are without merit.
2. The sole special ground complains that the trial court erred in denying a motion for mistrial "in that appointed counsel represented as an officer of the court that a conflict of interest developed during the trial of the case.” This motion was made well into the trial, counsel stating to the judge that he had understood in preparing
Where a true conflict of interest arises between co-defendants during a trial, separate counsel should be appointed. Holloway v. Arkansas, 435 U. S. 475 (98 SC 1173 (4), 55 LE2d 426). No such situation obtains here. The testimony of the prosecutrix was circumstantial and convincing, and in fact, except as to the act itself, not denied by the defendants. Although the testimony of the female need no longer be corroborated (Code Ann. § 26-2001; Ga. L. 1978, p. 3), there was a considerable amount of corroboration of the facts involved on the part of other witnesses. The motion here is flimsy and unsustained, and its denial was proper.
Judgment affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.