Davis v. State

Court of Appeals of Georgia

Davis v. State

241 S.E.2d 649, 144 Ga. App. 550, 1978 Ga. App. LEXIS 1678

CourtCourt of Appeals of Georgia

DecidedJanuary 18, 1978

Docket54914

StatusPublished

This text of 241 S.E.2d 649 (Davis v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Davis v. State, 241 S.E.2d 649, 144 Ga. App. 550, 1978 Ga. App. LEXIS 1678 (Ga. Ct. App. 1978).

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Opinion

Smith, Judge.

Davis was indicted for burglary and two counts of aggravated assault. A jury convicted him of criminal trespass and both counts of aggravated assault. Davis appeals, alleging the general grounds as well as urging error upon the court’s refusal to grant a severance of the multiple counts. We find no error and affirm.

1. The evidence authorized the conviction.

2. The three counts were based on the same course of conduct at the same place at the same time. Because the same set of facts was necessary to establish Davis’ guilt of the separate crimes charged, the court did not abuse its discretion in refusing to grant a severance. Chumley v. State, 235 Ga. 540 (221 SE2d 13) (1975).

Judgment affirmed.

Bell, C. J., and McMurray, J., concur.

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Smith, Judge.

Davis was indicted for burglary and two counts of aggravated assault. A jury convicted him of criminal trespass and both counts of aggravated assault. Davis appeals, alleging the general grounds as well as urging error upon the court’s refusal to grant a severance of the multiple counts. We find no error and affirm.

1. The evidence authorized the conviction.

2. The three counts were based on the same course of conduct at the same place at the same time. Because the same set of facts was necessary to establish Davis’ guilt of the separate crimes charged, the court did not abuse its discretion in refusing to grant a severance. Chumley v. State, 235 Ga. 540 (221 SE2d 13) (1975).

Judgment affirmed.

Bell, C. J., and McMurray, J., concur.

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Bluebook (online)

241 S.E.2d 649, 144 Ga. App. 550, 1978 Ga. App. LEXIS 1678, Counsel Stack Legal Research, https://law.counselstack.com/opinion/davis-v-state-gactapp-1978.

Opinion

1. The evidence authorized the conviction.

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