SOUTHERN v. STATE

No. A04A1212.

604 S.E.2d 614 (2004)

269 Ga. App. 556

SOUTHERN v. The STATE.

Court of Appeals of Georgia.

September 13, 2004.


Attorney(s) appearing for the Case

Joshua J. Smith, Dalton, for appellant.

Kermit N. McManus, Dist. Atty., Andrew B. Margolis, Asst. Dist. Atty., for appellee.


BARNES, Judge.

Dennis Southern was convicted of felony family violence battery, and cruelty to children in the second degree. He now appeals, contending that the trial court erred when it refused to charge the jury on reckless conduct as a lesser included offense of family violence battery. We find no error in the trial court's refusal to so charge, and affirm.

The evidence shows that the victim was Southern's girlfriend and that the couple had two children...

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