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Football 3d ago Ohio State gets commitment from four-star defensive end, Kenyatta Jackson. Lane v. And in an assault case, Wawrykow v. In this case, it is not so much the degree of pain or injury that the appellant challenges, but the lack of corroboration of the complaining witness's testimony.
There appears to have been no such corroboration in Lane and Lewis, and Feldpausch cites no precedent in which the victim's uncorroborated testimony was insufficient to establish bodily injury in a prosecution for robbery.
The trial judge, when sitting as the sole trier of facts, is the exclusive judge of the credibility of the witnesses and the weight to be given to their testimony, and may accept or reject any part or all of the testimony given by the State or defensive witnesses. Joseph v. In Alexander, the trial court was free to disbelieve the appellant's testimony that he stole two items on different dates and, considering the victim's testimony that he noticed the two items missing at the same time, conclude that the appellant took the property on the same occasion.
In this case, the trial court could rationally believe the complaining witness's version of the facts and disbelieve the appellant's. Point of error one is overruled.
Next, the appellant argues that the evidence is factually insufficient because no independent testimony or medical evidence corroborated the victim's testimony and Feldpausch refuted the victim's claim of bodily injury with his own testimony. Again, the trial court could believe the victim's testimony that his hand was scratched in the fall and the officer's testimony that the victim told him about the fall, and conclude that, although not mentioned in the report, the injury to the victim's hand did in fact occur.
Likewise, the trial court could disbelieve the appellant's testimony that he did not strike the victim and that the victim did not fall down. The fact that the witness's testimony regarding the scratch was not corroborated by medical records does not render it so weak that a conviction based solely upon the testimony of the victim is clearly unjust. We cannot conclude that the verdict is so contrary to the overwhelming weight of the evidence as to be clearly wrong and unjust, where the only evidence contradicting the victim came from the accused.
Point of error two is overruled. Feldpausch earned the spot at the state finals she hoped for. She also walked away with an individual regional championship after shooting a six-game score of 1, to win by two pins over Ravenna senior Amaya Guzman.
I was going into it hoping I could at least make it to the state finals and get in the top I saw everyone's faces at the end and I didn't really have a reaction because I think I was just really shocked by it all. Feldpausch, who helped the Eagles win a team regional championship Friday, has been a key part in the team's strong winter. She is part of a core of four juniors that have all qualified individually for the state finals and have comparable averages.
Fowler coach Gregg Gilliland said Feldpausch has displayed a strong attittude and stayed upbeat through the good and bad shots that occur throuhgout the course of a game. There's so many parents, there's so many people, it's so loud. She never got ahead of herself and she never let herself get down.
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