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JACKSON v. STATE

No. A02A1779.

572 S.E.2d 360 (2002)

257 Ga. App. 817

JACKSON v. The STATE.

Court of Appeals of Georgia.

Certiorari Denied January 13, 2003.

Attorney(s) appearing for the Case

Jackson & Schiavone, Steven L. Sparger, Savannah, for appellant.

Spencer Lawton, Jr., Dist. Atty., Nancy G. Smith, Asst. Dist. Atty., for appellee.

MILLER, Judge.

Charles Jackson was indicted for rape and simple battery arising out of an alleged sexual assault of a woman. He was convicted of aggravated assault with intent to rape. He appeals, claiming that the evidence did not sustain the verdict and that the court erred in instructing the jury on the lesser charge of aggravated assault with intent to rape. Since the evidence showed that he struck the victim and may not have completed the rape, the evidence justified...

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