GA 16-5-70 - GA 16-5-70

Merger with Other Offenses Merger of charges against defendant for cruelty to children and contributing to the deprivation of a minor was not required because, although based on similar facts, each charge required proof of a fact not required to prove the other. Porter v. State, 243 Ga. App. 498 , 532 S.E.2d 407 (2000). Crimes of rape and cruelty to children did not merge as a matter of fact, as they constituted separate offenses and proof of separate elements; therefore, because the offenses did not merge, defendant was not punished twice for the same conduct. Currington v. State, 270 Ga. App. 381 , 606 S.E.2d 619 (2004). No merger of nonhomicide counts. - Defendant's convictions of involuntary manslaughter while in the commission of a simple battery, aggravated assault, aggravated batter...