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Jowers v. State

After discovering that one of the grand jurors who indicted the defendant was serving on the jury, the trial court properly excused the juror, instead of granting a mistrial.

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Richard Jowers, Jr. was indicted by a Coffee County grand jury on four counts of child molestation and four counts of enticing a child for indecent purposes. At trial, a directed verdict was granted on all four counts of enticement. The jury found Jowers guilty on the third and fourth counts of child molestation but was unable to reach a verdict on the first two counts. The trial court declared a mistrial on the first two counts and entered judgment of conviction on counts three and four. Jowers’s motion for new trial was denied, and he appeals, asserting six enumerations of error. Finding no error, we affirm.

1. Jowers asserts the general grounds. He contends that the State failed to meet its burden of proof with respect to his “intent to arouse or satisfy the sexual desires of either the child or the person” under OCGA § 16-6-4. But it is well-recognized that “whether the requisite intent for child molestation existed was a question of fact, to be determined by the jury after considering all the circumstances surrounding the acts of which the accused is charged, including words, conduct, demeanor, and motive.” Citations and punctuation omitted. McGarity v. State, 224 Ga. App. 302, 304 2 480 SE2d 319 1997.

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