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DURHAM v. STATE

No. A99A1211.

525 S.E.2d 757 (1999)

241 Ga. App. 24

DURHAM v. The STATE.

Court of Appeals of Georgia.

November 19, 1999.

Attorney(s) appearing for the Case

Charles G. Wright, Jr., Chattanooga, TN, for appellant.

Herbert E. Franklin, Jr., District Attorney, Christopher A. Arnt, Assistant District Attorney, for appellee.

PHIPPS, Judge.

Vernie A. Durham, Jr. appeals his conviction by a Walker County jury of one count of rape and two counts of statutory rape. We reverse the rape conviction because the trial judge erroneously instructed the jury that "[s]exual acts directed to a child under the age of sixteen" are forcible as a matter of law. We affirm Durham's convictions for statutory rape because we find no error relative to those convictions...

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