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Smith v. State

Citations

  • 713 S.E.2d 452
  • 310 Ga. App. 392
  • 2011 Fulton County D. Rep. 2139
  • 2011 Ga. App. LEXIS 569

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • “[A] conviction for aggravated sexual battery requires proof of penetration, while a sexual battery conviction does not.”
  • “[A] conviction for aggravated sexual battery requires proof of penetration, while a sexual battery conviction does not.”
  • where evidence showed either completed offense of child molestation as indicted “or no crime at all,” a trial court did not err when it failed to instruct the jury on sexual battery
  • “[The defendant] has pointed to no evidence demonstrating that a touch occurred without the necessary intent. And he did not defend the case on the ground that he touched [the victim] without intent. He pursued the ‘all or nothing’ defense that [the victim] made up her entire story.”
  • “[The defendant] has pointed to no evidence demonstrating that a touch occurred without the necessary intent. And he did not defend the case on the ground that he touched [the victim] without intent. He pursued the ‘all or nothing’ defense that [the victim] made up her entire story.”

Source: CourtListener parenthetical corpus (CC0).

Judges: McFadden

Read full opinion on CourtListener

Cited by

14 cases in this archive cite this case.

Cites

12 cases in this archive are cited by this case.

Other cases with this name

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.