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Marlow v. State

Extrinsic evidence that the defendant had previously committed an assault similar to the one for which he was on trial had the tendency to bolster the victim's credibility by demonstrating that her circumstances were not unique, and the evidence thus satisfied O.C.G.A. § 24-4-413's relevance threshold.

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A Hall County jury found Larry Marlow guilty of rape, OCGA § 16-6-1 a 1, and false imprisonment, OCGA § 16-5-41 a.1 Marlow appeals from the denial of his motion for a new trial, contending that the trial court erred in charging the jury and that the prosecutor made an improper closing argument. Finding no reversible error, we affirm.

Viewed in the light most favorable to the jury’s verdict,2 the record shows the following. In July 2013, the victim, a recovering drug addict and homeless mother of three young children, accepted Marlow’s invitation to move into his home. The victim began working for Marlow, assisting him with an income tax preparation business that he ran from the home. For a while, the victim’s relationship with Marlow was amicable, and she began to develop romantic feelings for him.

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