Carter v. State

Whitman, Judge.

This case is an appeal from a judgment of conviction and sentence for the offense of aggravated sodomy. The defendant was accused of the act of cunnilingus with a 7-year-old girl. The alleged offense occurred after July 1, 1969, which was the'effective date of the new Criminal Code. Ga. L. 1968, pp. 1249, 1351. Held:

1. The following portion of the trial court’s charge was excepted to and is enumerated as error: "If you believe beyond a reasonable doubt that the defendant did commit the offense of sodomy with the person named in the indictment and that she was not mentally…