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ALLEN v. THE STATE.
27060.
UNDERCOFLER, Justice.
Rape. Elbert Superior Court. Before Judge Williford.
Luther Henry Allen was indicted on two counts of rape of the same female which occurred in Elbert County on December 17, 1970, and January 20, 1971. The jury found him guilty on both counts and sentenced him to life imprisonment on each. A motion far new trial was overruled by the trial judge. He appeals from this judgment and enumerates as error the overruling of his notions for a directed verdict and a new trial.
The appellant contends that the evidence is insufficient to support the verdict because the testimony of the female was not corroborated and that she did not make all immediate outcry. Held:
2. The appellant contends that the trial court erred in refusing to grant his motion for a directed verdict.
At the time this case was tried there was no statutory authority for the direction of a verdict in a criminal case and it was not error for the trial court to refuse to direct a verdict. Pritchard v. State. 224 Ga. 776 (2) (164 SE2d 805). But see in this connection Ga. L. 1971, p. 460 (Code Ann. 27-1802), which authorizes the direction of a verdict in a criminal case where there is no conflict in the evidence and where a verdict is demanded. Carter v. State, 227 Ga. 788 (7) (183 SE2d 392).
Clete D. Johnson, District Attorney, Arthur K. Bolton. Attorney General, Harold N. Hill, Jr., Executive Assistant Attorney General, Courtney Wilder Stanton, William E. Bartee. Jr., Assistant Attorneys General, for appellee.
Grant & Matthews, Carlton G. Matthews, John M. Shiver, for appellant.
SUBMITTED MARCH 13, 1972 -- DECIDED APRIL 6, 1972.
Friday May 22 14:19 EDT


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