Billy Ray Greenv.The State
Billy Ray Green was convicted of attempted kidnapping, attempted enticing of a child for indecent purposes, and simple assault after a jury trial. He challenged the sufficiency of the evidence, the denial of directed verdicts, and the admission of evidence that the trial court treated as intrinsic to the charged conduct. The Court of Appeals of Georgia affirmed in part and reversed in part. It held that the evidence was sufficient for the attempted-enticing and simple-assault convictions and that the challenged evidence was admissible because it supplied context and motive and did not create unfair prejudice under the balancing rule. The court nevertheless reversed the attempted-kidnapping conviction because the evidence did not establish every required element beyond a reasonable doubt. The merged attempted-false-imprisonment count was not independently reviewed because the trial court entered no judgment on it.
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