Legal Opinion

Shelton v. State

Court of Appeals of Georgia

Decided June 21, 1990No. A90A0568PublishedCited by 18 opinions

1Opinion of the Court

Carley, Chief Judge.

Appellant was tried before a jury and found guilty of rape, statutory rape, incest, and child molestation. He appeals from the judgments of conviction and sentences entered by the trial court on the jury’s verdicts of guilt.

1. As to his convictions for rape and statutory rape, appellant enumerates the general grounds. Force, as an element of rape, need not be proven by evidence of physical violence. Raines v. State, 191 Ga. App. 743, 744 (1) (382 SE2d 738) (1989). Force may be inferred by evidence of intimidation arising from the familial relationship. Cooper v. State, 256…

2Cases cited10 opinions

  1. Smith v. StateSupreme Court of Georgia · 1989
  2. Wilson v. StateCourt of Appeals of Georgia · 1917
  3. Cooper v. StateSupreme Court of Georgia · 1987
  4. Raines v. StateCourt of Appeals of Georgia · 1989
  5. Sapp v. StateCourt of Appeals of Georgia · 1987

5 more not listed; retrieve them via the Exa API.

3Cited by18 opinions

  1. United States v. PalmerUnited States Court of Military Appeals · 1991
  2. State v. BurnsSupreme Court of Georgia · 2019
  3. State v. BurnsSupreme Court of Georgia · 2019
  4. Humphrey v. StateCourt of Appeals of Georgia · 1993
  5. Martin v. StateSupreme Court of Georgia · 1999

13 more not listed; retrieve them via the Exa API.

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