SMITH v. THE STATE, 2011 Ga. App. LEXIS 590, July 1, 2011, the indictment against Smith alleged committed child molestation by “unlawfully perform[ing] an immoral and indecent act upon the person of [A. S.], a child under the age of sixteen (16) years, by placing his penis in her vagina with intent to arouse and […]
https://www.peachstatelawyer.com/wp-content/uploads/2020/08/w-scott-smith-logo.png00W. Scott Smithhttps://www.peachstatelawyer.com/wp-content/uploads/2020/08/w-scott-smith-logo.pngW. Scott Smith2011-07-05 21:20:472011-07-05 21:20:47The exact language of the indictment or accusation is extremely important as that allegation is what the State must prove
Since the seminal 2008 case of Garza v. State, 284 Ga. 696, 701-702 (1) (670 SE2d 73) (2008), the courts have held the prosecutors must prove the asportation element of kidnapping. The Courts will look at four factors to determine the sufficiency of the evidence of asportation in kidnapping cases. Those four factors are: (1) […]
https://www.peachstatelawyer.com/wp-content/uploads/2020/08/w-scott-smith-logo.png00W. Scott Smithhttps://www.peachstatelawyer.com/wp-content/uploads/2020/08/w-scott-smith-logo.pngW. Scott Smith2011-07-05 19:23:312011-07-05 19:23:31Conviction for Kidnapping overturned where asportation (carrying away of victim) was minimal
In my first post I would like to recognize two of Atlanta’s finest attorneys. It just so happens I work with both of them in my office. Attorney Mike Jacobs is the the epitome of the next generation of great lawyers. Mike Jacobs recently got a murder case dismissed in DeKalb County. It was described […]
https://www.peachstatelawyer.com/wp-content/uploads/2020/08/w-scott-smith-logo.png00W. Scott Smithhttps://www.peachstatelawyer.com/wp-content/uploads/2020/08/w-scott-smith-logo.pngW. Scott Smith2011-06-15 12:52:512011-06-15 12:52:51First post
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