Brooks v. State

Carley, Chief Judge.

Appellant was tried before a jury and found guilty of child molestation. He appeals from the judgment of conviction and sentence entered by the trial court on the jury’s guilty verdict.

1. The trial court’s refusal to charge on simple battery as a lesser included offense is enumerated as error.

There is some confusion in the cases as to whether it is possible for simple battery to be an included offense in child molestation as a matter of fact or whether, as a matter of law, it is not possible for simple battery to be such a lesser included offense of the crime of child…