GARRETT v. STATE

76402.

188 Ga. App. 176 (1988)

372 S.E.2d 506

GARRETT v. THE STATE.

Court of Appeals of Georgia.

Decided September 6, 1988.


Attorney(s) appearing for the Case

Steve Bennett, for appellant.

Stephen F. Lanier, District Attorney, Pamela H. Sellers, Fred R. Simpson, Assistant District Attorneys, for appellee.


BEASLEY, Judge.

Defendant appeals his convictions for child molestation, OCGA § 16-6-4, and sodomy, OCGA § 16-6-2.

1. Defendant contends that he was entitled to a mistrial because the prosecution in its opening statement made reference to acts of the defendant towards the victim which, although the prosecutor did not expressly so state, would in law constitute rape, a crime with which he was not charged. This enumeration of error is meritless, for...

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