Garner v. State

Pope, Judge.

Appellant Alan Wayne Garner appeals his conviction of the offense of rape.

1. Appellant enumerates as error the trial court’s failure to give his two requested charges (nos. 7 and 8) on the issue of victim’s consent. We find no error.

In Curtis v. State, 236 Ga. 362 (1) (223 SE2d 721) (1976), the Supreme Court of this state expressly disapproved a charge containing language identical to that found in appellant’s request to charge no. 7 and instructed that “[t]he superior courts of this state should not in the future give in rape trials the instructions we hereby disapprove.” Id. at…