BRUNO v. STATE, 149 Ga. App. 1 (1979)

235 S.E.2d 421

BRUNO v. THE STATE.

56983.Court of Appeals of Georgia.SUBMITTED JANUARY 15, 1979.
DECIDED FEBRUARY 9, 1979.

QUILLIAN, Presiding Judge.

The defendant appeals his conviction of the offense of rape Held:

1. Defendant’s enumerations of the general grounds are without merit. There was evidence of forced entry into the building, outcry during the incident which was heard by the next door neighbor, and testimony of a daughter who helped her mother fight the defendant. This case was tried before a judge and there is ample evidence to support his finding. Johnson v. State, 146 Ga. App. 621, 622 (247 S.E.2d 204); Ingram v. State, 204 Ga. 164, 184 (48 S.E.2d 891).

2. The defendant contends that the trial court erred in ruling the victim’s ten-year-old daughter was a competent witness. “The competency of a witness is for the court to decide in its discretion (Code Ann. § 38-1601), and this decision will not be overturned in absence of abuse of discretion. . .” Porter v. State, 237 Ga. 580, 581 (229 S.E.2d 384). We find no abuse of discretion.

Judgment affirmed. Smith and Birdsong, JJ., concur.

Page 2

SUBMITTED JANUARY 15, 1979 — DECIDED FEBRUARY 9, 1979.
Rape. Fulton Superior Court. Before Judge Weltner.

Louise T. Hornsby, R. Allen Hunt, for appellant.

Lewis R. Slaton, District Attorney, Joseph J. Drolet, Carole E. Wall, Assistant District Attorneys, for appellee.