Garland v. State

Judge Harold R. Banke.

The appellant was convicted of rape, incest, aggravated child molestation, kidnapping and aggravated sodomy of his five-year-old niece. He appeals from the denial of his motion for new trial.

1. This Court previously transferred this appeal to the Supreme Court because of an equal division of judges in regard to whether the trial court erred in refusing to excuse a juror for cause. The Supreme Court found no abuse of discretion by the trial court and returned the case to this Court for determination of issues not previously addressed. Garland v. State, 263 Ga. 495 (435…