Garrett v. State

Beasley, Judge.

Defendant appeals his convictions for child molestation, OCGA § 16-6-4, and sodomy, OCGA § 16-6-2.

1. Defendant contends that he was entitled to a mistrial because the prosecution in its opening statement made reference to acts of the defendant towards the victim which, although the prosecutor did not expressly so state, would in law constitute rape, a crime with which he was not charged. This enumeration of error is meritless, for a number of reasons, one of which is that the State-anticipated evidence referred to was within the scope of the crimes charged, so that mention of…