Brown v. State

Johnson, Judge.

Dwayne Brown was charged with rape, aggravated assault with intent 'to rape, child molestation, and cruelty to children. A jury found him guilty of child molestation and attempt to commit statutory rape. In this appeal, Brown contends the trial court erred in sub mitting the statutory rape charge to the jury and in failing to instruct the jury he could be convicted of either child molestation or attempted statutory rape, but not both. We affirm.

Viewed in the light most favorable to the verdict, the evidence shows Brown had sexual intercourse with the victim, a 15-year-old girl.…