Andrew v. State, 454 S.E.2d 542 (Ga. Ct. App. 1995). · Go Syfert
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Andrew v. State, 454 S.E.2d 542 (Ga. Ct. App. 1995). Cases Citing This Book View Copy Cite
11 citation events (8 in the last 25 years) across 1 distinct court.
Strongest positive: Justin Hewett v. State (gactapp, 2024-04-26)
Top citers, strongest first. 9 distinct citers. How cited ↗
discussed Cited as authority (rule) Justin Hewett v. State
Ga. Ct. App. · 2024 · confidence medium
C.’s privates was accidental, and the trial court instructed the jury on the law regarding intent and accident, explaining that a person cannot be found guilty of any crime 10 Parrott v. State, 318 Ga. App. 545, 552 (3) ( 736 SE2d 436 ) (2012) (punctuation omitted); see also DeLong v. State, 310 Ga. App. 518, 520 (1) ( 714 SE2d 98 ) (2011) (holding criminal intent found even where, inter alia, defendant claimed he could not remember how he ended up in bed with his underwear pulled down, next to a minor child who had what appeared to be fecal matter smeared on her buttocks); Andrew v. State, …
discussed Cited as authority (rule) Terrell Johnson v. State
Ga. Ct. App. · 2023 · confidence medium
See McMurria, 359 Ga. App. at 560 (1) (jury could infer defendant’s intent to arouse or gratify his sexual desires from his act of exposing himself to a child); Andrew v. State, 216 Ga. App. 427, 427-428 ( 454 SE2d 542 ) (1995) (evidence that defendant “tickled [the victim’s] vagina” and pressed an object against it was sufficient to establish his intent to gratify his sexual desire). 8 (ii) Johnson also argues that the children’s mother viewed the videos from Johnson’s cell phone and “did not see the acts [they] described.” This assertion, however, mischaracterizes the mother�…
cited Cited as authority (rule) Brown v. State
Ga. Ct. App. · 2013 · confidence medium
See Wiley v. State, 271 Ga. App. 393, 395 (1) ( 609 SE2d 731 ) (2005); Andrew v. State, 216 Ga. App. 427, 427 ( 454 SE2d 542 ) (1995).
cited Cited as authority (rule) Marquis Brown v. State
Ga. Ct. App. · 2013 · confidence medium
See Wiley v. State, 271 Ga. App. 393, 395 (1) ( 609 SE2d 731 ) (2005); Andrew v. State, 216 Ga. App. 427, 427 ( 454 SE2d 542 ) (1995).
discussed Cited as authority (rule) Obeginski v. State
Ga. Ct. App. · 2012 · confidence medium
J., and Boggs, J., concur. 1 Westbrooks v. State, 309 Ga. App. 398, 399-400 (1) ( 710 SE2d 594 ) (2011). 2 Obeginski’s residence consisted of a room that he rented in a house also inhabited by several other individuals. 3 See OCGA § 16-6-4 (c) (“A person commits the offense of aggravated child molestation when such person commits an offense of child molestation which act physically injures the child or involves an act of sodomy.”). 4 OCGA § 16-6-4 (a) (1) (“A person commits the offense of child molestation when such person . . . [d]oes any immoral or indecent act to or in the presenc…
discussed Cited as authority (rule) Murray v. State
Ga. Ct. App. · 2008 · confidence medium
Smith, P. J., and Adams, J., concur. 1 (Citation and punctuation omitted.) Mobley v. State, 279 Ga. App. 476 -477 (1) ( 631 SE2d 491 ) (2006). 2 Goodall v. State, 277 Ga. App. 600, 602 (1) (a) ( 627 SE2d 183 ) (2006). 3 Id. at 602-603 (1) (a) (evidence that defendant jammed victim’s head into his groin, tore off her shorts and underwear, and tried to put his hand “inside of her” supported jury’s finding that defendant had the required intent). 4 Strozier v. State, 254 Ga. App. 528, 529 (1) ( 562 SE2d 832 ) (2002). 5 OCGA § 16-6-4 (a), (c). 6 (Punctuation and footnote omitted.) Collins…
cited Cited as authority (rule) Cline v. State
Ga. Ct. App. · 1997 · confidence medium
Andrew v. State, 216 Ga. App. 427, 428 ( 454 SE2d 542 ) (1995).
discussed Cited as authority (rule) Brewer v. State
Ga. Ct. App. · 1995 · confidence medium
The jury was authorized to infer “from the fact that defendant exposed himself to a child that he had the intent to arouse or satisfy his sexual desires.” Andrew v. State, 216 Ga. App. 427, 428 ( 454 SE2d 542 ).
discussed Cited "see, e.g." DELONG v. State
Ga. Ct. App. · 2011 · signal: see also · confidence medium
See Day v. State, 293 Ga. App. 543, 543-44 ( 667 SE2d 392 ) (2008). 6 See, e.g., English, 301 Ga. App. at 842 ; Lott, 303 Ga. App. at 775 (1). 7 Snell v. State, 306 Ga. App. 651, 652 (1) ( 703 SE2d 93 ) (2010). 8 OCGA § 16-6-4 (a) (1). 9 See Rainey v. State, 261 Ga. App. 888, 889-90 (1) ( 584 SE2d 13 ) (2003) (holding that defendant’s exposure of privates to child from approximately 200 feet away was sufficient to sustain conviction for child molestation). 10 See, e.g., Rainey, 261 Ga. App. at 889 (1); see also Wormley v. State, 255 Ga. App. 347, 348 ( 565 SE2d 530 ) (2002) (affirming convi…
Retrieving the full opinion text from the archive…
Andrew
v.
the State
A94A1976.
Court of Appeals of Georgia.
Feb 1, 1995.
454 S.E.2d 542
1995 Ga. App. LEXIS 178
Robert K. Ballew, David M. Rosenberg, William B. Herndon, for appellant., Thomas W. Andrew III, pro se., Lewis R. Slaton, District Attorney, Jamie L. Mack, Carole E. ■ Wall, Assistant District Attorneys, for appellee.
Birdsong, Blackburn, Ruffin.
Cited by 11 opinions  |  Published
Birdsong, Presiding Judge.

Thomas William Andrew III, appeals his conviction for the child molestation of his daughter. Although the indictment alleged that he molested his daughter with the intent to arouse and satisfy his sexual desires, Andrew contends the evidence at trial was insufficient for the jury to find him guilty of child molestation beyond a reasonable doubt because there was no evidence that he molested his daughter with the intent to arouse and satisfy his own sexual desires and no evidence of his sexual arousal. Held:

“A person commits the offense of child molestation when he does any immoral or indecent act to or in the presence of or with any child under the age of 14 years with the intent to arouse or satisfy the sexual desires of either the child or the person.” OCGA § 16-6-4 (a). Although sexual gratification is an element of the crime (Staggers v. State, 120 Ga. App. 875, 877 (172 SE2d 462)), in Hathcock v. State, 214 Ga. App. 188, 190 (447 SE2d 104), this court held that it could be[*428] inferred from the fact that the defendant exposed himself to a child that he had the intent to arouse or satisfy his sexual desires. We find that holding applicable to this appeal. “ ‘Intent ... is a question of fact to be determined upon consideration of the words, conduct, demeanor, motive, and all other circumstances connected with the act for which the accused is prosecuted. OCGA § 16-2-6.’ (Citation and punctuation omitted.) Worley v. State, 193 Ga. App. 58, 60 (3) (386 SE2d 879) (1989).” Id. Considering Andrew’s conduct as shown by the acts testified to by his daughter, and especially her testimony that Andrew tickled her vagina and on more than one occasion when she was in bed at night Andrew pressed a hard, oval shaped object that was long like a pen against her vagina, we are satisfied that this evidence was sufficient of his intent to gratify his sexual desire to allow rational finders of fact to find Andrew guilty of child molestation beyond a reasonable doubt. Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560).

Decided February 1, 1995 Reconsideration denied February 28, 1995. Robert K. Ballew, David M. Rosenberg, William B. Herndon, for appellant. Thomas W. Andrew III, pro se. Lewis R. Slaton, District Attorney, Jamie L. Mack, Carole E. ■ Wall, Assistant District Attorneys, for appellee.

Judgment affirmed.

Blackburn and Ruffin, JJ., concur.