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STATE v. SIEBERT

49876.

133 Ga. App. 775 (1975)

213 S.E.2d 7

THE STATE v. SIEBERT.

Court of Appeals of Georgia.

Decided January 7, 1975.

Rehearing Denied January 28, 1975.

Attorney(s) appearing for the Case

Lewis R. Slaton, District Attorney, Carter Goode, Joel M. Feldman, Joseph J. Drolet, Assistant District Attorneys, for appellant.

Wm. Lewis Spearman, for appellee.

EVANS, Judge.

Defendant was indicted for aggravated assault by the grand jury of Fulton County. He attacks the indictment by motion to quash and asserts in substance: 1. The indictment charges "aggravated assault" and is fatally defective in that it fails to sufficiently charge "assault"; and there can not be a charge of aggravated assault unless it is sufficiently charged that there was an assault, all as set forth in Criminal Code §§ 26-1301...

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