KIMBREL v. STATE

62333, 62334.

160 Ga. App. 40 (1981)

285 S.E.2d 775

KIMBREL v. THE STATE. SPIVEY v. THE STATE.

Court of Appeals of Georgia.

Decided October 13, 1981.


Attorney(s) appearing for the Case

Stanley R. Durden, for appellants.

Nat Hancock, District Attorney, T. Grant Madison, Assistant District Attorney, for appellee.


BIRDSONG, Judge.

The appellants were jointly tried and convicted of aggravated assault. Their appeals challenge the trial court's failure to charge the lesser included offense of simple battery notwithstanding their written requests. Held:

The evidence showed that at 2:00 a. m. on a Monday morning, appellant Kimbrel and appellant Spivey entered the residence of the victim by kicking down the front door. The victim, Jerry Landers, was attacked by Kimbrel...

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