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Heggs v. State

Because the defendant's indictment for rape did not allege that the victim was under 16 years old, child molestation was not a lesser included offense of the indicted crime.

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Johnny Heggs was indicted for rape and convicted of child molestation. He appeals, claiming three errors. First, he asserts that the trial court incorrectly instructed the jury on child molestation as a lesser included offense of rape. Next, he complains that the trial court refused to give a requested charge on sexual battery. Finally, he claims the evidence was insufficient to support the verdict. Because we find that child molestation should not have been submitted to the jury as a lesser included offense in this case, we reverse Heggs’s conviction. Because we reverse on the child molestation issue, we need not address the sexual battery issue. We reject Heggs’s insufficiency of the evidence claim.

The indictment charged Heggs “with the offense of RAPE § 16-6-1 for that the said accused in the County of Richmond and State of Georgia, on the 6th day of April, 1997, did have carnal knowledge of A. K., a female, forcibly and against her will, contrary to the laws of said State, the good order, peace and dignity thereof.” Heggs was not indicted for any other offense.

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