PHELPS v. STATE

72518.

180 Ga. App. 24 (1986)

348 S.E.2d 505

PHELPS v. THE STATE.

Court of Appeals of Georgia.

Rehearing Denied July 29, 1986.


Attorney(s) appearing for the Case

John L. Tracey, for appellant.

Hobart M. Hind, District Attorney, Nancy T. Smith, Assistant District Attorney, for appellee.


BIRDSONG, Presiding Judge.

Lloyd Donald Phelps was convicted of statutory rape and incest upon his twelve-year-old granddaughter. The two crimes arising out of the same incident, the trial court sentenced Phelps to twenty years (five to serve and fifteen on probation) on the incest charge alone. Phelps brings this appeal enumerating three asserted errors. Held:

In one of the three enumerations, Phelps contends there was insufficient evidence of penetration...

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