BURLEY v. STATE

68407.

172 Ga. App. 34 (1984)

321 S.E.2d 783

BURLEY v. THE STATE.

Court of Appeals of Georgia.

Decided September 6, 1984.


Attorney(s) appearing for the Case

William T. Hankins III, for appellant.

Robert E. Wilson, District Attorney, Michael M. Sheffield, R. Stephen Roberts, Assistant District Attorneys, for appellee.


SOGNIER, Judge.

Appellant was convicted of rape and appeals (1) on the general grounds. He also contends the trial court erred (2) by charging the jury on flight, and (3) by failing to give appellant's requests to charge on mere presence at the scene, and that simple battery is a lesser included offense of rape.

The evidence disclosed that appellant forcibly dragged the 15-year-old victim into her mother's bedroom, threw her on the bed, and had carnal knowledge...

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