McGuire v. State

McMurray, Presiding Judge.

Defendant was tried before a jury and found guilty of statutory rape (Count 1), incest (Count 2), two counts of child molestation (Counts 3 and 4), and aggravated child molestation (Count 5). The *814charges of Counts 1 and 2 of the indictment merged for purposes of sentencing. This appeal followed denial of defendant’s motion for new trial. Held:

1. Defendant contends the trial court erred in denying his motion for directed verdict of acquittal with regard to Count 5, arguing that fatal variances exist between the allegata and probata.(a) Defendant first contends the…