Tudor v. State

The evidence showing that the defendant called the victim into the kitchen from the living room for the purpose of molesting her was sufficient to satisfy the asportation element of the enticing a child for indecent purposes charge.

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James Melvin Tudor was tried by a Whitfield County jury and convicted of two counts of aggravated sexual battery,1 four counts of child molestation,2 and one count of enticing a child for indecent purposes.3 He now appeals from the denial of his motion for a new trial, asserting that the evidence was insufficient to sustain his convictions. Finding that the evidence supports the jury’s verdict, we affirm.

On appeal from a criminal conviction, the defendant is no longer entitled to a presumption of innocence and we therefore construe the evidence in the light most favorable to the jury’s guilty verdict. Martinez v. State, 306 Ga. App. 512, 514 702 SE2d 747 2010. So viewed, the record shows that this case involved three victims: B. C., her younger sister H. C., and R. H. At the time of the incidents in question, B. C. was seven years old and H. C. and R. H. were each four years old. Tudor’s wife, Donnelle, babysat all of the victims in the couple’s home. On April 7, 2009, Donnelle left B. C. and H. C. in the care of her husband while she went to pick up her grandchildren from school. That evening, B. C. reported to her mother that when Donnelle left the home, she and H. C. were sitting on the sofa in the living room watching cartoons. After Donnelle departed, Tudor called her into the kitchen area of the home, told B. C. to lean across the kitchen table, and stuck his hand down her pants. B. C. also told her mother that H. C. was present when Tudor molested her. When questioned by her mother, H. C. confirmed that she saw B. C. bent over the kitchen table and Tudor sticking his hand down her pants.

Tudor v. State

The evidence showing that the defendant called the victim into the kitchen from the living room for the purpose of molesting her was sufficient to satisfy the asportation element of the enticing a child for indecent purposes charge.

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