PHILLIPS v. STATE

62872.

160 Ga. App. 345 (1981)

287 S.E.2d 69

PHILLIPS v. THE STATE.

Court of Appeals of Georgia.

Decided November 10, 1981.


Attorney(s) appearing for the Case

Fred M. Kennedy, for appellant.

Sam Sibley, Jr., District Attorney, for appellee.


McMURRAY, Presiding Judge.

Defendant was indicted for burglary occurring November 28, 1979 (Count 1), and for aggravated assault "upon the person of .. . a Deputy with the Richmond County Sheriff's Department, with a certain shotgun, a deadly weapon," occurring on November 29, 1979 (Count 2). The defendant filed a plea in bar and in the alternative a motion to sever the offenses, setting forth as found by the trial court, that he was first indicted for the offense...

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