Benton v. State

Thompson, Justice.

David Taitón Benton appeals his convictions of kidnapping, aggravated assault, and incest, following the denial of his motion for new trial.1 A mistrial was declared as to a charge of rape when the jury was unable to reach a unanimous verdict. Jurisdiction of this Court is invoked by constitutional challenges to a step-parent provision of the incest statute, OCGA § 16-6-22 (a) (1).

The evidence viewed in favor of the verdict showed that Benton entered the bedroom of his 16-year-old step-daughter during the early hours of the morning, unzipped her pants, and informed her that…