Legal Opinion

State v. McCrary

Supreme Court of Georgia

Decided February 22, 1990No. S90A0119PublishedCited by 5 opinions

1Opinion of the Court

Weltner, Justice.

1. The trial court granted McCrary’s motion to set aside two of three sentences imposed for convictions of statutory rape, relying upon the rule enunciated in LaPan v. State, 167 Ga. App. 250 (305 SE2d 858) (1983), as follows:

The trial court erred in imposing separate sentences for each of the three convictions of rape. The three charges differed from one another only with respect to the averment of date, and in none of the three was the date made an essential element. Since all the dates alleged fall within the period of the statute of limitation, only one sentence can be…

2Cases cited4 opinions

  1. McCranie v. StateCourt of Appeals of Georgia · 1981
  2. LaPan v. StateCourt of Appeals of Georgia · 1983
  3. Sims v. State of Ga.Supreme Court of Georgia · 1973
  4. State v. McCraryCourt of Appeals of Georgia · 1989

3Cited by5 opinions

  1. Harrison v. StateCourt of Appeals of Georgia · 1991
  2. Daniels v. StateCourt of Appeals of Georgia · 2013
  3. Cory Alexander Thomas v. StateCourt of Appeals of Georgia · 2019
  4. Justin Finnegan v. StateCourt of Appeals of Georgia · 2024
  5. Terry Demetrius Daniels v. StateCourt of Appeals of Georgia · 2013

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