Hargrave v. State

The evidence, including the then 9-year-old victim's out-of-court statements during a videotaped interview with a social worker, supported the defendant's conviction.

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A jury found Thomas Hargrave guilty of child molestation. The trial court denied Hargrave’s motion for new trial. Hargrave appeals, contending that the trial court erred by i denying his motion for directed verdict as venue was not established beyond a reasonable doubt, and ii denying Hargrave’s motion for new trial because Hargrave’s guilt as to child molestation against the victim was not established beyond a reasonable doubt. Discerning no error, we affirm. “On appeal from a criminal conviction, a defendant no longer enjoys the presumption of innocence, and the evidence is viewed in the light most favorable to the guilty verdict.” Footnote and punctuation omitted. Goss v. State , 305 Ga. App. 497, 497 699 SE2d 819 2010. We neither weigh the evidence nor assess the credibility of witnesses, but merely ascertain that the evidence is sufficient to prove each element of the crime beyond a reasonable doubt. Moreover, conflicts in the testimony of the witnesses are a matter of credibility for the jury to resolve. As long as there is some competent evidence, even though contradicted, to support each fact necessary to make out the State’s case, the jury’s verdict will be upheld. Citation omitted. Vaughn v. State , 301 Ga. App. 391, 391 687 SE2d 651 2009.

So viewed, the evidence shows that Hargrave is the victim’s uncle. During the victim’s spring break in 2006, when she was nine years old, she traveled with her father from her home in Maryland to visit her relatives living in Georgia. On one evening during the visit, Hargrave came into the room where the victim was sleeping, pulled down his pants and rubbed his penis on the victim’s bare buttocks.

Hargrave v. State

The evidence, including the then 9-year-old victim's out-of-court statements during a videotaped interview with a social worker, supported the defendant's conviction.

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