STUART v. STATE

No. A12A1017.

734 S.E.2d 814 (2012)

STUART v. The STATE.

Court of Appeals of Georgia.

November 28, 2012.


Attorney(s) appearing for the Case

Sharon Lee Hopkins , Duluth, for Stuart.

Penny Alane Penn , Jennifer Lynn Scalia , for The State.


BARNES, Presiding Judge.

A jury convicted Zorie W. Stuart of rape, aggravated child molestation, and child molestation, and the trial court sentenced him to life in confinement. Stuart argues on appeal that the trial court erred in failing to instruct the jury that statutory rape is a lesser included offense of rape. For the reasons that follow, we affirm.

During the charge conference, the trial court reviewed each of Stuart's requests to charge. In response...

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