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GADDIS v. STATE

40070.

107 Ga. App. 661 (1963)

131 S.E.2d 126

GADDIS v. THE STATE.

Court of Appeals of Georgia.

Decided April 22, 1963.

Attorney(s) appearing for the Case

Pittman & Crowe, C. C. Pittman, for plaintiff in error.

Tom Pope, Solicitor General, contra.

NICHOLS, Presiding Judge.

1. The defendant's amended motion for new trial assigns error on the court's failure to charge on assault and battery, it being the defendant's contention that the lesser crime was included in the greater (assault with intent to rob).

The evidence adduced on the trial of the case showed that the defendant and two others, the co-indictees, went to the service station in question together...

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