BROWN v. STATE

No. A97A1588.

492 S.E.2d 555 (1997)

228 Ga. App. 748

BROWN v. The STATE.

Court of Appeals of Georgia.

Reconsideration Dismissed October 8, 1997.


Attorney(s) appearing for the Case

Robert M. Ray, Jr., Michael K. McKinney, Ellijay, for appellant.

Roger Queen, District Attorney, William B. Britt, Assistant District Attorney, for appellee.


JOHNSON, Judge.

Dwayne Brown was charged with rape, aggravated assault with intent to rape, child molestation, and cruelty to children. A jury found him guilty of child molestation and attempt to commit statutory rape. In this appeal, Brown contends the trial court erred in submitting the statutory rape charge to the jury and in failing to instruct the jury he could be convicted of either child molestation or attempted statutory rape, but not both. We affirm.

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