MITCHELL v. STATE

A89A1011.

193 Ga. App. 146 (1989)

387 S.E.2d 390

MITCHELL v. THE STATE.

Court of Appeals of Georgia.

Decided October 10, 1989.


Attorney(s) appearing for the Case

M. Muffy Blue, A. Nevell Owens, for appellant.

Lewis R. Slaton, District Attorney, Joseph J. Drolet, Richard E. Hicks, William L. Hawthorne III, Assistant District Attorneys, for appellee.


McMURRAY, Presiding Judge.

Defendant was charged in two counts for rape and burglary. The case was tried before a jury and defendant was found guilty of burglary, but the jury was unable to reach a verdict on the rape charge. A mistrial was declared and a new trial was ordered on the rape charge. Upon retrial, the jury found defendant guilty of the lesser included offense of simple battery. This appeal followed. Held:

In his sole enumeration, defendant...

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