Legal Opinion
Tharpe v. State
Court of Appeals of Georgia
Decided March 17, 1993No. A92A2245PublishedCited by 4 opinions
1Opinion of the Court
Pope, Chief Judge.
Defendant Charles Tharpe was convicted of the offense of sexual battery. OCGA § 16-6-22.1. He appeals the denial of his motion and amended motion for new trial.
1. We find no merit to defendant’s contention that OCGA § 15-12-125, which provides for a jury of six “[f]or the trial of misdemeanors in all courts,” is inapplicable to those cases in which the accused is on trial for a misdemeanor of a “high and aggravating nature.” In order to conclude the legislature intended for that section to be applicable to only certain misdemeanor crimes, then such limitation would have to…
2Cases cited8 opinions
- Jackson v. VirginiaSupreme Court of the United States · 1979
- Cuzzort v. StateSupreme Court of Georgia · 1985
- Carroll v. StateSupreme Court of Georgia · 1991
- Mize v. StateCourt of Appeals of Georgia · 1979
- Timberlake v. StateCourt of Appeals of Georgia · 1991
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3Cited by4 opinions
- Billups v. StateCourt of Appeals of Georgia · 1998
- Cooper v. EdwardsCourt of Appeals of Georgia · 1998
- White Cloud Charter, Inc. v. DeKalb County Board of Tax AssessorsCourt of Appeals of Georgia · 1999
- State v. SmithCourt of Appeals of Georgia · 2000