CLARKE v. STATE

32205.

239 Ga. 42 (1977)

235 S.E.2d 524

CLARKE v. THE STATE.

Supreme Court of Georgia.

Decided May 13, 1977.


Attorney(s) appearing for the Case

J. H. Affleck, Jr., for appellant.

Harry N. Gordon, District Attorney, B. Thomas Cook, Jr., Assistant District Attorney, Arthur K. Bolton, Attorney General, Daryl A. Robinson, Assistant Attorney General, for appellee.


NICHOLS, Chief Justice.

The appellant, James David Clarke, was indicted in Clarke County for rape and aggravated assault. In charging and accusing the defendant with the offense of aggravated assault, the grand jury specifically alleged that the defendant "did unlawfully make an assault upon the person of [the victim] with their fists, which were used in such a manner as to be likely to cause death or great bodily injury." The victim gave testimony that the defendant...

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