Argo v. State

Banke, Presiding Judge.

The appellant was found guilty on five counts of an indictment charging that he had engaged in incest with his stepdaughter on six occasions during 1985. His primary contention on appeal is that the state failed to prove the existence of a legally valid marriage between himself and the mother of the alleged victim, with the result that there was no proof that the child was his stepdaughter within the contemplation of OCGA § 16-6-22 (a) (1).

The alleged victim was 16 years old at the time of trial and approximately 15 years old at the time the acts of incest were alleged…