Smith v. State, 310 Ga. App. 418

Smith was charged with child molestation and statutory rape; jury found guilty of child molestation and not guilty of statutory rape.
Indictment alleged child molestation by placing penis in A.S.'s vagina with intent to arouse and satisfy sexual desires.
Trial court instructed the jury that a person commits child molestation by an immoral and indecent act to a child under 16 with the required intent.
During deliberations, jury asked whether a sexual conversation could constitute an immoral or indecent act; court provided a non-limiting response referencing the charge and indictment.
A.S. testified Smith penetrated her vagina; Smith testified only to sexual conversations and decided not to have intercourse.
FBI investigation linked A.S. to Caldwell’s house; Caldwell previously involved in child pornography; multiple related prosecutions followed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether jury instructions violated due process	Smith argues instruction allowed conviction on uncharged manner.	State contends charge aligned with indictment and overall instruction limited to charged manner.	New trial required for child molestation.

Disabato v. State, 303 Ga. App. 68 (2010) (relevance to evidentiary and due process standards in child-pornography related cases)
Dukes v. State, 265 Ga. 422 (1995) (consistency of verdict and related considerations in jury instructions)
Hall v. Wheeling, 282 Ga. 86 (2007) (limits on jury instruction deviation from indictment)
Chapman v. State, 273 Ga. 865 (2001) (guidance on jury instruction errors and harmless error standards)
Milner v. State, 297 Ga. App. 859 (2009) (plain error review for jury instructions)
Hopkins v. State, 255 Ga. App. 202 (2002) (considerations on appellate review of jury instructions)
Craft v. State, 309 Ga. App. 698 (2011) (analysis of instructional error and standard of review)
Milam v. State, 255 Ga. 560 (1986) (inconsistent-verdict rule and its abolishment context)