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DUFFEY v. STATE

No. A98A1310.

498 S.E.2d 816 (1998)

DUFFEY v. The STATE.

Court of Appeals of Georgia.

May 27, 1998.

Attorney(s) appearing for the Case

Lloyd J. Matthews, for appellant.

Tommy K. Floyd, District Attorney, Thomas R. McBerry, Mary Evans-Battle, Assistant District Attorneys, for appellee.

BLACKBURN, Judge.

Emmanuel Duffey was charged with aggravated assault and burglary. With respect to the aggravated assault charge, the jury was instructed on both aggravated assault and the lesser included offense of simple assault. The jury then found Duffey guilty of simple assault and burglary. In his sole enumeration of error, Duffey contends that there was an insufficient factual basis to instruct the jury on aggravated...

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