ELY v. STATE

A89A0815.

192 Ga. App. 203 (1989)

384 S.E.2d 268

ELY v. THE STATE.

Court of Appeals of Georgia.

Decided July 10, 1989.


Attorney(s) appearing for the Case

William H. Newton III, for appellant.

Stephen F. Lanier, District Attorney, Fred Simpson, Assistant District Attorney, for appellee.


BIRDSONG, Judge.

Appellant, Junior Walter Ely, appeals his conviction and sentence of rape.

Appellant was convicted of raping a mentally retarded neighbor girl. At the time of the incident, the girl was age 14 chronologically. She is classified as being "moderately mentally handicapped," "moderately retarded," or of "significantly impaired intellectual ability in the range of mild mental retardation." She functions at the level of a person between the ages...

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