KNIGHT v. STATE

A94A2706.

216 Ga. App. 200 (1995)

KNIGHT v. THE STATE.

Court of Appeals of Georgia.

Decided February 1, 1995.


Attorney(s) appearing for the Case

Hal T. Peel, for appellant.

Dupont K. Cheney, District Attorney, J. Thomas Durden, Jr., Assistant District Attorney, for appellee.


McMURRAY, Presiding Judge.

Defendant was charged via indictment with a single count of rape. The evidence adduced at his jury trial showed that the victim, 22 years of age, was "mentally retarded to a certain degree. . . ." Although defendant testified that their relations were consensual, the victim testified that defendant "took [her] round side of the house, he pulled down [her] trousers, [and] he got on top of [her]. . . ." She "did [not] want him to do that ...

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