Dade v. State

Banke, Presiding Judge.

The appellant was tried for kidnapping, armed robbery, and rape but was found guilty only of rape. On appeal, his primary contention is that his acquittal of the kidnapping charge was inconsistent with and repugnant to his conviction of the rape charge. While the appellant recognizes that the inconsistent verdict rule was abolished in criminal cases in Milam v. State, 255 Ga. 560 (2) (341 SE2d 216) (1986), he contends that the Milam decision should not be given retroactive effect. Held:

1. Pretermitting whether the Milam decision should be given retroactive effect, it is…