Worley v. State

Supreme Court of Georgia
Worley v. State, 149 S.E.2d 682 (Ga. 1966)
222 Ga. 319; 1966 Ga. LEXIS 471
Duckworth

Worley v. State

Opinion

Duckworth, Chief Justice.

The only specification of error in this case involving a conviction of statutory rape is that the evidence was insufficient to support the conviction since the testimony of the female child was not sufficiently supported or corroborated by other competent evidence. The corroborating circumstances are: (1) the miscarriage of the female child after pregnancy; and (2) the availability of the defendant to commit the crime — his own sworn testimony being that he had carried the child alone on numerous occasions to gather vegetables out in the country during a period of several months prior to the miscarriage, which when added thereto is sufficient to corroborate her testimony that her father had had sexual intercourse with her many times and she did not disclose it until her miscarriage because she was afraid to tell anyone. Since the quantum of corroboration is left entirely to the jury, the ground of,error is not mérito *320 rious. See Code § 26-1304; Suber v. State, 176 Ga. 525 (168 SE 585); Rivers v. State, 179 Ga. 782 (177 SE 564); Reed v. State, 201 Ga. 789 (41 SE2d 426).

Argued June 14, 1966 Decided June 23, 1966. Smith, Gardner, Kelly & Wiggins, M. M. Wiggins, Jr., James W. Smith, for appellant. Robert W. Reynolds, Solicitor General, Arthur K. Bolton, Attorney General, Mathew Robins, for appellee.

Judgment affirmed.

All the Justices concur.

Reference

Full Case Name
Worley v. the State
Cited By
8 cases
Status
Published