DEEN, Presiding Judge.
The appellant, David Berry, was convicted of rape, for which he was sentenced to 20 years imprisonment. On appeal, the sole enumeration of error concerns the trial court's failure to instruct the jury on simple battery as a lesser included offense.
The victim testified that while delivering newspapers in the Mid-town area of Atlanta in the early morning hours of June 24, 1982, she had agreed to give the appellant, whose car appeared...
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