Williams v. State

Cooper, Judge.

Appellant was convicted by a jury of cruelty to children (OCGA § 16-5-70). In his only enumeration of error, appellant contends the trial court erred in its jury charge on the lesser included offense of simple battery (OCGA § 16-5-23).

The victim and appellant both testified that the victim, a 16-year-old boy, was walking with a friend at approximately 2:00 a.m. when another friend and appellant stopped to give them a ride. After dropping the victim’s friends off, appellant drove on with the victim, stopping at a nearby cemetery. At this point the stories of the victim and…