TUGGLE v. STATE

55213.

145 Ga. App. 603 (1978)

244 S.E.2d 131

TUGGLE et al. v. THE STATE.

Court of Appeals of Georgia.

Decided April 6, 1978.


Attorney(s) appearing for the Case

Maylon K. London, for appellants.

Jeff C. Wayne, District Attorney, James H. Whitmer, Assistant District Attorney, for appellee.


WEBB, Judge.

This appeal presents two questions: (1) Is the crime of simple battery necessarily included in the crime of aggravated assault (with a deadly weapon)? and (2) Do the allegations of the indictments here contain all the essential averments of the crime of simple battery? If both of these questions are answered in the negative, we must reverse these convictions had under indictments for assault with deadly weapons since the defendants were convicted not...

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