Willis v. State

Court of Appeals of Georgia

Willis v. State

307 S.E.2d 133, 167 Ga. App. 626, 1983 Ga. App. LEXIS 2563

CourtCourt of Appeals of Georgia

DecidedJuly 15, 1983

Docket66273

StatusPublished

Cited by1 cases

This text of 307 S.E.2d 133 (Willis 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

Willis v. State, 307 S.E.2d 133, 167 Ga. App. 626, 1983 Ga. App. LEXIS 2563 (Ga. Ct. App. 1983).

Pincite

Opinion

Carley, Judge.

Appellant was convicted of aggravated assault. He appeals from the conviction and sentence entered thereon.

Appellant’s sole enumeration of error urges that the trial court erred in failing to charge upon the definition of simple assault in charging on aggravated assault. This assertion has been decided by [627]*627the Supreme Court adversely to appellant. “There is no merit in appellant’s contention that a charge on simple assault [OCGA § 16-5-20 (Code Ann. § 26-1301)] must be given in order to complete the definition of aggravated assault [OCGA § 16-5-21 (Code Ann. § 26-1302)]. The latter does not need the former to make it complete. [Cit.]” Sutton v. State, 245 Ga. 192, 193 (2) (264 SE2d 184) (1980).

Decided July 15, 1983 Rehearing denied July 28, 1983 Martin L. Cowen III, for appellant. Robert E. Keller, District Attorney, Mary Jane Stewart, Assistant District Attorney, for appellee.

Judgment affirmed.

Deen, P. J., and Banke, J., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

Carley, Judge.

Appellant was convicted of aggravated assault. He appeals from the conviction and sentence entered thereon.

Appellant’s sole enumeration of error urges that the trial court erred in failing to charge upon the definition of simple assault in charging on aggravated assault. This assertion has been decided by [627]*627the Supreme Court adversely to appellant. “There is no merit in appellant’s contention that a charge on simple assault [OCGA § 16-5-20 (Code Ann. § 26-1301)] must be given in order to complete the definition of aggravated assault [OCGA § 16-5-21 (Code Ann. § 26-1302)]. The latter does not need the former to make it complete. [Cit.]” Sutton v. State, 245 Ga. 192, 193 (2) (264 SE2d 184) (1980).

Decided July 15, 1983 Rehearing denied July 28, 1983 Martin L. Cowen III, for appellant. Robert E. Keller, District Attorney, Mary Jane Stewart, Assistant District Attorney, for appellee.

Judgment affirmed.

Deen, P. J., and Banke, J., concur.

Cite This Page — Counsel Stack

Bluebook (online)

307 S.E.2d 133, 167 Ga. App. 626, 1983 Ga. App. LEXIS 2563, Counsel Stack Legal Research, https://law.counselstack.com/opinion/willis-v-state-gactapp-1983.

Opinion

Related

Cite This Page — Counsel Stack