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306 Ga. App. 678

702 S.E.2d 790

Scott v. State

Court of Appeals of Georgia

Decided October 29, 2010

Court of Appeals of Georgia · decided 2010-10-29

Relies on 280 Ga. App. 341 - Johnson v. State · 269 Ga. App. 12 - McKinney v. State · 296 Ga. App. 332 - Newton v. State

Decided 2010-10-29

BLACKBURN, Senior Appellate Judge.

¶1 Following a jury trial, Lee Dixon Scott appeals his conviction of rape, 1 raising as his only enumeration of error the sufficiency of the evidence. The child victim, who was under ten years old, testified at trial that Scott (her father) placed his private inside her private when they were in the bathroom. It is well established that in rape cases, the victim’s testimony alone is sufficient to support a conviction. Johnson v. State. 2 See Newton v. State. 3 Scott’s argument that the victim’s testimony was not credible does not apply in the appellate context, as “[determining the credibility of witnesses is entirely within the province of the jury.” (Punctuation omitted.) McKinney v. State. 4 The evidence sufficed to sustain the convictions.

¶2 Judgment affirmed.

Barnes, P J., and Adams, J., concur.
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