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Collins v. State

The defendant was not entitled to a charge on sexual battery, because the evidence showed sexual activity, rather than mere touching.

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Robert J. Collins Jr. was found guilty on one count of child molestation. He appeals on three grounds. 1. a On appeal from a criminal conviction, the evidence must be construed in the light most favorable to the verdict, and the appellant no longer enjoys a presumption of innocence. An appellate court determines only the legal sufficiency of the evidence adduced below and does not weigh the evidence or assess the credibility of the witnesses. Brown v. State, 265 Ga. App. 613 594 SE2d 770 2004. To sustain a conviction, the evidence must be sufficient to enable a rational trier of fact to find the appellant guilty of the crimes charged beyond a reasonable doubt. Jackson v. Virginia , 443 U. S. 307 99 SC 2781, 61 LE2d 560 1979.

“A person commits the offense of child molestation when he or she does any immoral or indecent act to or in the presence of or with any child under the age of 16 years with the intent to arouse or satisfy the sexual desires of either the child or the person.” OCGA § 16-6-4.

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