Edwards v. State

Unuercofler, Justice.

J. W. Edwards was indicted in the Superior Court of Whitfield County on two counts of statutory rape. One child involved was 7 years of age and the other was 9 years of age. The children were sisters. Before the court charged the jury, he withdrew from their consideration the count involving the 7-year-old child and instructed the jury to return a verdict of not guilty on that count. The jury found the defendant guilty with a recommendation of mercy on the count involving the 9-year-old child. The defendant appeals to this court. Held:

1. The appellant contends that the…