ABNER v. STATE

52421, 52422, 52423, 52424, 52425.

139 Ga. App. 600 (1976)

229 S.E.2d 83

ABNER v. THE STATE. ARMSTRONG v. THE STATE. HILL v. THE STATE. JOHNSON v. THE STATE. SCOTT v. THE STATE.

Court of Appeals of Georgia.

Decided September 8, 1976.

Rehearing Denied September 22, 1976.


Attorney(s) appearing for the Case

Wm. Ralph Hill, Jr., for appellant (case no. 52421).

James A. Secord, for appellant (case no. 52422).

Fletcher & Watson, Joseph F. Dana, for appellant (case no. 52423).

Cook & Palmour, Bobby Lee Cook, Jr., for appellant (case no. 52424).

J. Donald Bennett, for appellant (case no. 52425).

Earl B. Self, District Attorney, J. on B. Wood, Assistant District Attorney, for appellee.


DEEN, Presiding Judge.

1. The general grounds are urged as error. The alleged victim testified that he was hit by only one of the appellants and forced to go into the bathroom of the dormitory. He did not cry out for help. It is argued that this evidence would support a verdict of guilty of sodomy but not aggravated sodomy, there being no evidence of the act being against the will of the victim or that force was exercised only by the one appellant who struck him....

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