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PHAGAN v. STATE

No. S97A0161.

486 S.E.2d 876 (1997)

PHAGAN v. The STATE.

Supreme Court of Georgia.

Reconsideration Denied July 30, 1997.

Attorney(s) appearing for the Case

Joseph A. Homans, Thompson, Fox, Chandler, Homans & Hicks, Gainesville, for Phagan.

Lydia Jackson Sartain, Dist. Atty. and Lucy Kimbrough Henry, Asst. Dist. Atty., Gainesville, for the State.

Paula K. Smith, Senior Asst. Atty. Gen., Department of Law, Atlanta, Amicus Appellee.

BENHAM, Chief Justice.

Delma Cecil Phagan was convicted of aggravated child molestation (OCGA § 16-6-4(a)), sexual exploitation of a child (OCGA § 16-12-100(b)(1)), and two counts of statutory rape (OCGA § 16-6-3(a)).1 On appeal, Phagan challenges the constitutionality of OCGA § 16-6-3(a) and 16-6-4, as amended in 1995, and questions the sufficiency of the evidence as well...

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