From Casetext: Smarter Legal Research

Floyd v. State

Court of Appeals of Georgia
Sep 25, 1989
387 S.E.2d 16 (Ga. Ct. App. 1989)

Summary

In Floyd v. State, 193 Ga. App. 17 (387 SE2d 16) (1989), the defendant was charged with aggravated child molestation and the molestations involved acts of sodomy.

Summary of this case from Mitchell v. State

Opinion

A89A1203.

DECIDED SEPTEMBER 25, 1989.

Aggravated child molestation. Cobb Superior Court. Before Judge Kreeger.

Hylton B. Dupree, Jr., A. Gregory Poole, for appellant.

Thomas J. Charron, District Attorney, Fonda S. Clay, Debra H. Bernes, Assistant District Attorneys, for appellee.


Appellant was indicted for three counts of aggravated child molestation. According to the allegations of the indictment, the molestations involved acts of sodomy. See OCGA § 16-6-4 (c). Appellant was tried before a jury and was found guilty of all three counts. He appeals from the judgments of conviction and sentences entered by the trial court on the jury's verdicts.

Appellant's sole enumeration is that the trial court erroneously failed to charge, without written request, on the definition of "sodomy." "`In the absence of request, the court's failure to define the meaning of terms used in the charge is not ordinarily ground for reversal.' [Cits.] In any event, it is not error for the trial court to fail to define terms in common usage, even upon request. [Cit.]" Garner v. State, 182 Ga. App. 251, 252 (2) ( 355 S.E.2d 451) (1987). Undoubtedly, it would be better practice for the trial court in a case such as this to define "sodomy" in its charge to the jury. However, the failure to do so was not reversible error, particularly in view of the fact that the "indictment specified the [manner in which the alleged acts of sodomy had been committed] in the case sub judice ... and the evidence disclosed that [appellant performed these acts of sodomy]. The [victims so] testified...." Ricks v. State, 156 Ga. App. 647, 648 (3) ( 275 S.E.2d 730) (1980). "[T]here was no written request to charge, and the charge as a whole was sufficient in instructing the jury as to the basic law." Craft v. State, 158 Ga. App. 745, 746 (2) ( 282 S.E.2d 203) (1981). See also Spaulding v. State, 185 Ga. App. 812, 813 (2) ( 366 S.E.2d 174) (1988).

Judgments affirmed. McMurray, P. J., and Beasley, J., concur.

DECIDED SEPTEMBER 25, 1989.


Summaries of

Floyd v. State

Court of Appeals of Georgia
Sep 25, 1989
387 S.E.2d 16 (Ga. Ct. App. 1989)

In Floyd v. State, 193 Ga. App. 17 (387 SE2d 16) (1989), the defendant was charged with aggravated child molestation and the molestations involved acts of sodomy.

Summary of this case from Mitchell v. State
Case details for

Floyd v. State

Case Details

Full title:FLOYD v. THE STATE

Court:Court of Appeals of Georgia

Date published: Sep 25, 1989

Citations

387 S.E.2d 16 (Ga. Ct. App. 1989)
387 S.E.2d 16

Citing Cases

Turner v. State

The determination that a bomb is a destructive device is not beyond the ken of the jury. Floyd v. State, 193…

Smith v. State

He contends the jury had no guidance on whether the evidence was sufficient to establish use of an offensive…