Bailey v. State

Supreme Court of Georgia

Bailey v. State

230 S.E.2d 311, 237 Ga. 875, 1976 Ga. LEXIS 1431

CourtSupreme Court of Georgia

DecidedNovember 3, 1976

Docket31610

StatusPublished

This text of 230 S.E.2d 311 (Bailey v. State) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Bailey v. State, 230 S.E.2d 311, 237 Ga. 875, 1976 Ga. LEXIS 1431 (Ga. 1976).

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Opinion

Undercofler, Presiding Justice.

Appellant was convicted of rape and kidnapping. He was sentenced to four-year terms on each count to run concurrently. He appeals, citing error by the trial court in failing to allow counsel to approach the bench upon request, and in failing to charge that the consent of the victim would create an affirmative defense for the appellant which the state had to disprove beyond a reasonable doubt. We find no merit to these enumerations of error.

Judgment affirmed.

All the Justices concur, except Ingram, J., who concurs in the judgment only. Submitted October 8, 1976 Decided November 3, 1976. Robert C. Ray, for appellant. Lewis R. Slaton, District Attorney, Richard E. Hicks, Assistant District Attorney, Arthur K. Bolton, Attorney General, Daryl A. Robinson, for appellee.

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Undercofler, Presiding Justice.

Appellant was convicted of rape and kidnapping. He was sentenced to four-year terms on each count to run concurrently. He appeals, citing error by the trial court in failing to allow counsel to approach the bench upon request, and in failing to charge that the consent of the victim would create an affirmative defense for the appellant which the state had to disprove beyond a reasonable doubt. We find no merit to these enumerations of error.

Judgment affirmed.

All the Justices concur, except Ingram, J., who concurs in the judgment only. Submitted October 8, 1976 Decided November 3, 1976. Robert C. Ray, for appellant. Lewis R. Slaton, District Attorney, Richard E. Hicks, Assistant District Attorney, Arthur K. Bolton, Attorney General, Daryl A. Robinson, for appellee.

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Bluebook (online)

230 S.E.2d 311, 237 Ga. 875, 1976 Ga. LEXIS 1431, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bailey-v-state-ga-1976.