McGruder v. State

10 Citing cases

  1. Smith v. State

    310 Ga. App. 392 (Ga. Ct. App. 2011)   Cited 11 times
    Holding that the defendant was not entitled to jury charge on sexual battery as a lesser included offense of child molestation because defendant did not defend the case on ground that he touched victim without intent and instead pursued "all or nothing" defense that victim made up her entire story

    Accordingly, a jury charge on sexual battery was not warranted. See id.; see also Hilliard v. State, 298 Ga. App. 473, 475 (2) ( 680 SE2d 541) (2009) ("[B]ecause [the defendant] denied any contact with [the victim], the evidence presented at trial did not afford the jury the alternative of finding him guilty of sexual battery in lieu of child molestation."); McGruder v. State, 279 Ga. App. 851, 855 (2) (b) ( 632 SE2d 730) (2006) (charge on sexual battery not required where evidence showed the intent necessary for child molestation and defendant asserted that touching never occurred); Walker, 279 Ga. App. at 752 (same). 4. Finally, Smith argues that the trial court erred in instructing the jury as follows: "You are only concerned with the guilt or innocence of the defendant.

  2. Adams v. the State

    288 Ga. 695 (Ga. 2011)   Cited 42 times
    Holding Graham inapplicable to term-of-years sentences

    Because the indictment alleged and the evidence at trial authorized a finding that Adams committed aggravated child molestation on some date after July 1, 2006, we hold that the trial court could not be divested of jurisdiction pursuant to OCGA § 15-11-28 (b) (2) (B). See McGruder v. State, 279 Ga. App. 851, 852 (1) ( 632 SE2d 730) (2006). Therefore, the trial court correctly denied the motion to transfer the case to juvenile court.

  3. Hutcheson v. State

    No. A22A0501 (Ga. Ct. App. Jun. 6, 2022)

    . McGruder v. State, 279 Ga.App. 851, 854 (2) (632 S.E.2d 730) (2006) (citation and punctuation omitted). Gaston v. State, 307 Ga. 634, 642 (2) (d) (837 S.E.2d 808) (2020) (citations and punctuation omitted).

  4. Hutcheson v. State

    364 Ga. App. 289 (Ga. Ct. App. 2022)

    McGruder v. State , 279 Ga. App. 851, 854 (2), 632 S.E.2d 730 (2006) (citation and punctuation omitted). Additionally, the Supreme Court of Georgia has held:

  5. Solis-Macias v. State

    356 Ga. App. 561 (Ga. Ct. App. 2020)   Cited 2 times

    Smith v. State , 310 Ga. App. 392, 396 (3), 713 S.E.2d 452 (2011) ; seeWalker , 279 Ga. App. at 751 (3) (a), 632 S.E.2d 482 (explaining that if an indictment alleged child molestation, and if the evidence presented at trial was sufficient to show an intentional touching of the child's intimate parts, but without the intent necessary to prove child molestation, a charge on sexual battery as a lesser included-offense would be required); Strickland v. State , 223 Ga. App. 772, 776 (1) (b), 479 S.E.2d 125 (1996), overruled on other grounds byWatson v. State , 297 Ga. 718, 777 S.E.2d 677 (2015) (same).SeeSmith , 310 Ga. App. at 396 (3), 713 S.E.2d 452 (holding that the defendant was not entitled to jury charge on sexual battery as a lesser included offense of child molestation because defendant did not defend the case on ground that he touched victim without intent and instead pursued "all or nothing" defense that victim made up her entire story); McGruder v. State , 279 Ga. App. 851, 855 (2) (b), 632 S.E.2d 730 (2006) (holding that charge on sexual battery not required when evidence showed the intent necessary for child molestation and defendant asserted that touching never occurred); Walker , 279 Ga. App. at 752 (3) (a), 632 S.E.2d 482 (same).--------

  6. Madison v. State

    329 Ga. App. 856 (Ga. Ct. App. 2014)   Cited 13 times
    Affirming appellant's sexual battery convictions and holding that evidence that victim feared appellant was sufficient to authorize the jury to conclude that she did not consent to his improper touching

    The evidence in this case offered the jury a choice between a completed crime or no crime. See McGruder v. State, 279 Ga.App. 851, 855(2)(b), 632 S.E.2d 730 (2006) ; Williams v. State, 248 Ga.App. 316, 320(4), 546 S.E.2d 74 (2001) ; Ney v. State, 227 Ga.App. 496, 502 –503(4)(g), 489 S.E.2d 509 (1997) (no error in failing to charge simple battery where evidence shows defendant fondled victim, not merely that he made physical contact of an insulting or provoking nature). Additionally, we note that it is not clear whether simple battery may ever be a lesser included offense of child molestation.

  7. Goss v. State

    305 Ga. App. 497 (Ga. Ct. App. 2010)   Cited 46 times

    (Punctuation omitted.) Hilliard v. State, 298 Ga. App. 473, 475 (2) ( 680 SE2d 541) (2009), citing McGruder v. State, 279 Ga. App. 851, 855-856 (2) (b) ( 632 SE2d 730) (2006).See Walker v. State, 279 Ga. App. 749, 751 (3) (a) ( 632 SE2d 482) (2006).

  8. Hilliard v. State

    298 Ga. App. 473 (Ga. Ct. App. 2009)   Cited 12 times
    Holding that the trial court did not err in allowing a witness to testify regarding the child victim's hearsay statements prior to the child testifying "because OCGA § 24–3–16 allows testimony about a child's out-of-court statements even in cases when the child does not appear as a witness, as long as the child is available at the trial to testify"

    (Punctuation omitted.) McGruder v. State, 279 Ga. App. 851, 855-856 (2) (b) ( 632 SE2d 730) (2006). Both Hilliard and the State concede that the indictment contained the necessary elements of sexual battery. Nevertheless, the State contends, and we agree, that there was no evidence presented at trial that warranted a charge on sexual battery. Hilliard's theory of the case, as evinced by his questions to the witnesses, and his statement to police, which was admitted into evidence (he did not testify at trial), consisted of attacking J. C.'s veracity and denying that he had any physical contact with her. Thus, because Hilliard denied any contact with J. C., the evidence presented at trial did not afford the jury the alternative of finding him guilty of sexual battery in lieu of child molestation.

  9. Linto v. State

    664 S.E.2d 856 (Ga. Ct. App. 2008)   Cited 7 times

    (Citation and punctuation omitted.) McGruder v. State, 279 Ga. App. 851, 855 (2) (b) ( 632 SE2d 730) (2006). The offense of child molestation requires a showing that a person committed "any immoral or indecent act to or in the presence of or with any child under the age of 16 years with the intent to arouse or satisfy the sexual desires of either the child or the person.

  10. Engle v. State

    290 Ga. App. 396 (Ga. Ct. App. 2008)   Cited 8 times
    Approving a jury instruction suggesting that an underage victim is not capable of consenting to the contact constituting sexual battery

    (Citation and punctuation omitted.) McGruder v. State, 279 Ga. App. 851, 855 (2) (b) ( 632 SE2d 730) (2006). Engle was not entitled to a new trial on this basis.