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McGill v. State

The victim's sister's testimony concerning the defendant's previous contact with the victim was relevant to prior difficulties between the defendant and the victim.

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On appeal from his conviction for rape and aggravated sexual battery, Leon McGill argues that the trial court erred in its handling of testimony. We find no error and affirm. “On appeal from a criminal conviction, we view the evidence in the light most favorable to the verdict, with the defendant no longer enjoying a presumption of innocence.” Reese v. State , 270 Ga. App. 522, 523 607 SE2d 165 2004. We neither weigh the evidence nor judge the credibility of witnesses, but determine only whether, after viewing the evidence in the light most favorable to the prosecution, a “rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt.” Jackson v. Virginia , 443 U. S. 307, 319 III B 99 SC 2781, 61 LE2d 560 1979.

So viewed, the record shows that in March 2003, the victim, who suffers from Down syndrome, was living with her mother and the mother’s boyfriend. On March 17, while the mother was at work, McGill entered the victim’s bedroom, removed his clothes, and got on top of her. The victim told McGill to stop and tried to push him off her, but he overpowered her, putting his penis in her vagina and his finger in her anus. Afterward, McGill told the victim to keep her mouth shut. McGill took the stand at trial and testified that the victim had entered his bedroom and climbed on top of him.

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