HUMPHREY v. STATE

A92A1712.

207 Ga. App. 472 (1993)

428 S.E.2d 362

HUMPHREY v. THE STATE.

Court of Appeals of Georgia.

Reconsideration Denied February 24, 1993.


Attorney(s) appearing for the Case

Carlton C. Carter, for appellant.

Thomas J. Charron, District Attorney, Debra H. Bernes, Nancy I. Jordan, Irvan A. Pearlberg, Assistant District Attorneys, for appellee.


BIRDSONG, Presiding Judge.

Charles Gary Humphrey was convicted of rape and burglary. He was sentenced to fifteen years with seven years to serve concurrently on each count, and appeals.

The prosecutrix and Humphrey were married, but living separately at the time the alleged offenses were committed and when the case was tried. The prosecutrix was asleep alone in the home of her grandparents in the early morning hours of August 25, 1990, when appellant broke...

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