Dinkler v. State

MlKELL, Judge.

Earl Dinkier was convicted of two counts of cruelty to children by a Henry County jury and sentenced to fifteen years, two to serve in confinement with the balance on probation.1 On appeal, Dinkier *445charges that the trial court erred when it failed to charge the jury on the lesser included offense of battery and when it denied his motion for directed verdict of acquittal. We affirm.

Construed in favor of the verdict, the evidence showed that early in the morning on August 4, 2007, thirteen-year-old E D., appellant’s adopted daughter, knocked on her neighbor Donna Chapman’s door…