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SMITH v. STATE

47578.

127 Ga. App. 468 (1972)

193 S.E.2d 921

SMITH v. THE STATE.

Court of Appeals of Georgia.

Decided October 31, 1972.

Attorney(s) appearing for the Case

Gower & McGuigan, John McGuigan, for appellant.

Lewis R. Slaton, District Attorney, Joel M. Feldman, William M. Weller, Morris H. Rosenberg, for appellee.

CLARK, Judge.

Following a conviction for aggravated assault under Criminal Code of Georgia § 26-1302 for which he received the maximum sentence of 10 years appellant seeks a reversal on the ground that it was incumbent upon the trial court to include in the jury charge without request the lesser offenses of simple assault (Criminal Code of Ga. § 26-1301) and simple battery (Criminal Code of Ga. § 26-1304).

Appellant was also charged with two...

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