Public-domain · open source
OpenJurist

188 Ga. App. 789

374 S.E.2d 359

Griffith v. State

Court of Appeals of Georgia

Decided October 14, 1988

Court of Appeals of Georgia · decided 1988-10-14

Relies on State v. Stonaker · 156 Ga. App. 6 - Cole v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1988-10-14

How this case has been cited

Cited by 14 later decisions — most recently May 2008

14 state decisions

110198819902000decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

Benham, Judge.

¶1 Appellant was indicted for child molestation, but was convicted only of simple battery. His sole ground for appeal is the denial of his *790 motion in arrest of judgment, in which he contended that since simple battery is not a lesser included offense of child molestation, and he was not indicted for simple battery, the conviction was not authorized. The record shows that the charge on simple battery was one of the requests to charge that appellant submitted to the trial court. When the issue was discussed at the charge conference, the State indicated some reluctance regarding the giving of that charge, but the trial court said that since a “specific request” had been made by the defense to give the charge, the court would do so.

Decided October 14, 1988. Roger L. Curry, for appellant. Thomas J. Charron, District Attorney, Nancy I. Jordan, Assistant District Attorney, for appellee.

¶2 While it is true that simple battery is not, as a matter of law, a lesser crime included in the crime of child molestation (State v. Stonaker, 236 Ga. 1 (222 SE2d 354) (1976)), it is equally true that induced error cannot be complained of on appeal. Cole v. State, 156 Ga. App. 6 (5) (274 SE2d 64) (1980). This is a case of induced error; therefore, we affirm the judgment.

¶3 Judgment affirmed.

McMurray, P. J., and Pope, J., concur.
/188/gaapp/789 · .json · Public domain