McMurtry v. State

Ray, Judge.

A jury convicted Jerome McMurtry of one count of sexual battery (OCGA § 16-6-22.1) as a lesser included offense to child molestation and two counts of child molestation (OCGA § 16-6-4) under a redacted indictment.1 The convictions resulted from his actions toward A. L., a ten-year-old girl. He appeals from the denial of his motion for new trial, arguing that the trial court erred in denying his motion for new trial on the general grounds; in refusing to instruct the jury on simple battery as a lesser included offense to child molestation; and in admitting A. L.’s prior out-of-court…