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SMITH v. STATE

No. A11A0212.

714 S.E.2d 51 (2011)

310 Ga. App. 418

SMITH v. The STATE.

Court of Appeals of Georgia.

July 1, 2011.

Attorney(s) appearing for the Case

Kish & Lietz, Paul Stephen Kish , Atlanta, for appellant.

Daniel J. Porter , Dist. Atty., Lisa Ann Jones , Asst. Dist. Atty., for appellee.

DOYLE, Judge.

Brenton James Smith was charged with child molestation1 and statutory rape.2 The jury found him guilty of child molestation and not guilty of statutory rape. Smith appeals the denial of his motion for new trial, arguing that the trial court erred in its charge to the jury. We agree, and therefore reverse.

On appeal from a criminal conviction, we view the evidence in the light most favorable...

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