DAVIS v. STATE

59035.

153 Ga. App. 528 (1980)

265 S.E.2d 857

DAVIS v. THE STATE.

Court of Appeals of Georgia.

Decided February 19, 1980.


Attorney(s) appearing for the Case

Roger B. Lane, for appellant.

Dupont K. Cheney, District Attorney, for appellee.


CARLEY, Judge.

Appellant was indicted for the offense of aggravated assault and, after trial, the jury returned a verdict of guilty of simple battery. Appellant appeals from the judgment entered on the jury verdict. The sole enumeration of error is that the trial court erred in refusing to charge the jury in accordance with Code Ann. § 26-1306 which provides: "A person charged with simple assault or simple battery may introduce in evidence any opprobrious or...

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