Herrin v. State

Beasley, Chief Judge.

After a jury trial, Herrin was convicted of cruelty to children by maliciously causing excessive physical pain through failing to seek proper medical attention. OCGA § 16-5-70 (a). He was acquitted on charges of malice murder, OCGA § 16-5-1 (a), and the lesser included offense of battery, OCGA § 16-5-23.1 (a); felony murder by committing the felony of cruelty to children by maliciously causing excessive physical pain by striking a child, OCGA §§ 16-5-1 (c), 16-5-70 (b); felony murder by committing the felony of cruelty to children by maliciously causing excessive physical…