Griffith v. State

Benham, Judge.

Appellant was indicted for child molestation, but was convicted only of simple battery. His sole ground for appeal is the denial of his motion in arrest of judgment, in which he contended that since simple battery is not a lesser included offense of child molestation, and he was not indicted for simple battery, the conviction was not authorized. The record shows that the charge on simple battery was one of the requests to charge that appellant submitted to the trial court. When the issue was discussed at the charge conference, the State indicated some reluctance regarding the…