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JONES v. STATE

No. A97A0905.

487 S.E.2d 89 (1997)

226 Ga. App. 608

JONES v. The STATE.

Court of Appeals of Georgia.

Reconsideration Denied May 30, 1997.

Attorney(s) appearing for the Case

Garland B. Cook, Jr., Decatur, for appellant.

Carmen Smith, Solicitor, Karlise Y. Grier, Allison L. Byrd, Assistant Solicitors, for appellee.

JOHNSON, Judge.

After a bench trial, which was not transcribed, the trial judge found Phillip Jones guilty of battery. In this appeal Jones asserts that the trial court erred in failing to direct a verdict of acquittal when the evidence was insufficient to support the conviction.

As a preliminary matter we note that the trial court could not have directed a verdict of acquittal because there is no verdict in a bench trial. Therefore, even if a motion for a...

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