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VINES v. STATE

No. S97G1569.

499 S.E.2d 630 (1998)

269 Ga. 438

VINES v. The STATE.

Supreme Court of Georgia.

May 18, 1998.

Attorney(s) appearing for the Case

Brenda Joy Bernstein, Nicholas A. Lotito, Davis Zipperman Kirschenbaum & Lotito, Atlanta, for Donnie E. Vines.

Thomas R. McBerry, Asst. Dist. Atty., Mc-Donough, for the State.

CARLEY, Justice.

The grand jury indicted Donnie E. Vines for the crime of child molestation. The indictment alleged as the immoral and indecent act Vines' sexually explicit telephone conversation with the fourteen-year-old victim. Vines filed a general demurrer, contending that the allegations of indictment were insufficient to charge him with an act of child molestation as defined in OCGA § 16-6-4. The trial court sustained the demurrer and dismissed the indictment...

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