ROLLE v. STATE

71476.

177 Ga. App. 79 (1985)

338 S.E.2d 519

ROLLE v. THE STATE.

Court of Appeals of Georgia.

Decided November 27, 1985.


Attorney(s) appearing for the Case

J. Clayton Culp, for appellant.

Spencer Lawton, Jr., District Attorney, for appellee.


BANKE, Chief Judge.

The defendant was tried on a 2-count indictment charging him, in Count 1, with burglary and, in Count 2, with rape. The jury returned the following written verdict: "1. Breaking & Entering-guilty. 2. Guilty of rape." Interpreting this as a verdict of guilty on both counts, the trial judge sentenced the defendant to serve 12 years, concurrently, for each offense.

The victim testified that she awakened at about 5:00 a. m. on the date...

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