Moore v. State

Pope, Presiding Judge.

Appellant Tharda Moore was convicted on one count of burglary with intent to rape and one count of aggravated assault with intent to rape. Moore appeals from the denial of his motion for new trial.

Moore raises three enumerations of error all relating to the trial court’s failure to instruct the jury on the elements of rape, the underlying offense of the two charges against him. The State concedes that the trial court committed error in failing to charge the jury on rape. The State also concedes that this error is reviewable by this Court under OCGA § 5-5-24 (c) 1 even…