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BENTON v. STATE

No. S95A0471.

461 S.E.2d 202 (1995)

265 Ga. 648

BENTON v. The STATE.

Supreme Court of Georgia.

July 28, 1995.

Attorney(s) appearing for the Case

Dwight L. Thomas, Charlotte York Kelly, Atlanta, for David Talton Benton.

Frances E. Cullen, Asst. Dist. Atty., Fulton County Superior Court, Lewis R. Slaton, Dist. Atty., Carl P. Greenberg, Asst. Dist. Atty., Atlanta, for State.

THOMPSON, Justice.

David Talton Benton appeals his convictions of kidnapping, aggravated assault, and incest, following the denial of his motion for new trial.1 A mistrial was declared as to a charge of rape when the jury was unable to reach a unanimous verdict. Jurisdiction of this Court is invoked by constitutional challenges to a step-parent provision of the incest statute, OCGA § 16-6-22(a)(1).

The evidence viewed in favor...

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