Thomas v. State

Smith, Chief Judge.

Rose Marie Thomas and Greg Hunnicutt were each convicted of two counts of cruelty to children and six counts of aggravated battery. Following the denial of their amended motions for new trial, they appeal. We find the evidence sufficient to support the jury’s verdicts. But because we agree with both appellants that they were erroneously denied the right to open and close final argument under OCGA § 17-8-71 and because we cannot conclude that the error was harmless, we are constrained to reverse and remand this case for a new trial.

1. Hunnicutt and Thomas challenge the…