A jury convicted Walter Charles Cupe, Jr. of battery for striking his girlfriend's developmentally disabled eight-year-old daughter on her buttocks, legs, and lower back. OCGA § 16-5-23.1(a). The court sentenced Cupe to 12 months to be served either in the Troup County work camp or in a work release program. After the court denied his motion for new trial, Cupe appealed, claiming that the evidence was...
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