BROOKS v. STATE

A90A1073.

197 Ga. App. 194 (1990)

397 S.E.2d 622

BROOKS v. THE STATE.

Court of Appeals of Georgia.

Decided October 9, 1990.


Attorney(s) appearing for the Case

Michael Greene, for appellant.

Thomas C. Lawler III, District Attorney, Donald L. Johstono, Debra K. Turner, Assistant District Attorneys, for appellee.


CARLEY, Chief Judge.

Appellant was tried before a jury and found guilty of child molestation. He appeals from the judgment of conviction and sentence entered by the trial court on the jury's guilty verdict.

1. The trial court's refusal to charge on simple battery as a lesser included offense is enumerated as error.

There is some confusion in the cases as to whether it is possible for simple battery to be an included offense in child molestation...

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