CLARK v. STATE

49108.

131 Ga. App. 68 (1974)

205 S.E.2d 71

CLARK v. THE STATE.

Court of Appeals of Georgia.

Decided February 25, 1974.


Attorney(s) appearing for the Case

John C. Tyler, for appellant.

Hinson McAuliffe, Solicitor, James L. Webb, Frank A. Bowers, Thomas R. Luck, Jr., for appellee.


EBERHARDT, Presiding Judge.

In this appeal from conviction of three counts of simple battery (Criminal Code § 26-1304), where each count of the accusation provides that "the date alleged herein is an essential averment to this transaction," the only issue in dispute is whether the batteries alleged in Counts 2 and 3 occurred on the dates specified therein. The evidence shows without dispute that the Count 3 battery occurred on April 21, 1973, as alleged, but...

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