X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

Edward Eugene Howse appeals his conviction of one count of child molestation based on acts committed against his half-sister, L.V.R., then age 14.1 He raises allegations of error challenging the sufficiency of the evidence to support his conviction, the admission of similar transaction evidence and the trial court’s decision to except a state’s witness from the rule of sequestration without requiring the witness to testify first. We find Howse’s allegations of error to be without merit and affirm. When evaluating the sufficiency of the evidence, the proper standard for review is whether a rational trier of fact could have found the defendant guilty beyond a reasonable doubt. Jackson v. Virginia , 443 U. S. 307 99 SC 2781, 61 LE2d 560 1979.” Dean v. State , 273 Ga. 806, 806-807 1 546 SE2d 499 2001. We review the evidence in the light most favorable to the verdict, giving deference to the jury’s determination as to the proper weight and credibility to be given the evidence. Id. at 807 1. It is the function of the jury, not this Court, to assess the credibility of the witnesses, to resolve any conflicting evidence, and to determine the facts. Butler v. State , 273 Ga. 380, 382 1 541 SE2d 653 2001.

So construed, the evidence shows that on the morning of December 30, 1995, Howse called his stepmother, who was also L.V.R’S mother, and asked if L.V.R. could babysit his son. Howse’s stepmother conferred with L.V.R. and then agreed. Later that afternoon, she dropped L.V.R. and L.V.R.’s ten-year old brother and sister off at Howse’s trailer. Howse went out that evening, and L.V.R. fell asleep on the living room sofa watching t.v. At approximately 11 p.m., Howse returned home briefly waking L.V.R. who soon dozed off again. She was again wakened when Howse placed his hand under her shorts where he fondled her vagina and forced two fingers inside her. A frightened L.V.R. feigned sleep. Howse thereafter carried L. V. R. to his bedroom, laid her on the bed, pulled down her pants, lifted her legs, and tried to insert his penis into her vagina. L.V.R. squirmed hoping “to get him to stop.” However, Howse persisted and attempted to put his penis in her mouth, masturbated, and ejaculated on her thigh. Howse then pulled L.V.R.’s shorts up and put her back on the couch.

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
October 15, 2024
Los Angeles, CA

Join the industry's top owners, investors, developers, brokers & financiers at THE MULTIFAMILY EVENT OF THE YEAR!


Learn More
October 15, 2024
Los Angeles, CA

Law.com celebrates the California law firms and legal departments driving the state's dynamic legal landscape.


Learn More
October 15, 2024
Dallas, TX

The Texas Lawyer honors attorneys and judges who have made a remarkable difference in the legal profession in Texas.


Learn More

Professor of Law Columbia Law School is seeking to hire one or more tenured faculty members in the area of law. Position will include te...


Apply Now ›

Senior Staff Associate I This position will collaborate with the Director and Research Staff of the Center for Public Research & Le...


Apply Now ›

Description: Fox Rothschild has an opening in the Washington, D.C. office for an aviation associate in the litigation department. The ideal ...


Apply Now ›