Smith v. State

Andrews, Judge.

The State indicted Jerry Smith for rape (OCGA § 16-6-1) (Count 1), incest (OCGA § 16-6-22) (Count 2), exploitation of a disabled adult (OCGA § 30-5-8) (Counts 3 and 4), and sexual battery (OCGA § 16-6-22.1) (Counts 5, 6, and 7), concerning Smith’s contact with his two sisters. Smith moved to quash Count 2 on the ground that the first victim, S. A. S., was his adoptive rather than biological sister. Smith also moved to quash Counts 3 and 4 alleging exploitation of a disabled adult on grounds including that neither sister was “disabled” for purposes of OCGA § 30-5-8 and that the…