CARTER v. STATE

66570.

168 Ga. App. 177 (1983)

308 S.E.2d 438

CARTER v. THE STATE.

Court of Appeals of Georgia.

Decided September 27, 1983.


Attorney(s) appearing for the Case

R. B. Donaldson, Jr., for appellant.

Spencer Lawton, Jr., District Attorney, David T. Lock, Assistant District Attorney, for appellee.


SHULMAN, Chief Judge.

Appellant and his co-defendant (Waters) were convicted of robbery by force, aggravated assault, and two counts of aggravated sodomy. Appellant now questions the sufficiency of the evidence and the denial of his motion for mistrial, and contends that there was a fatal variance between the allegata and the probata insofar as the aggravated sodomy counts are concerned.

1. The victim testified that he had accepted the offer of a ride with...

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