BAGLEY v. STATE

59426.

153 Ga. App. 777 (1980)

266 S.E.2d 804

BAGLEY v. THE STATE.

Court of Appeals of Georgia.

Decided March 7, 1980.


Attorney(s) appearing for the Case

T. Peter O'Callaghan, Jr., for appellant.

William A. Foster, III, District Attorney, Daniel J. Sammons, Assistant District Attorney, for appellee.


QUILLIAN, Presiding Judge.

The defendant appeals his conviction for aggravated assault. He contends the trial judge erred in charging the substance of Code Ann. § 26-902 (b) (CCG § 26-902 (b); Ga. L. 1968, pp. 1249, 1272) because there was no evidence that the defendant and the person he stabbed were "engaged in a combat by agreement." Held:

"Even though not every phrase and portion of the Code section be applicable, it is generally held that...

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