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GILLESPIE v. STATE

No. A06A0212.

633 S.E.2d 632 (2006)

GILLESPIE v. The STATE.

Court of Appeals of Georgia.

July 3, 2006.

Attorney(s) appearing for the Case

Ashleigh B. Merchant, Joshua G. Schiffer, Fulton County Conflict Defender, Inc., Cynthia S. Griffin, Public Defender's Office, Atlanta, for appellant.

Carmen D. Smith, Solicitor-General, R. Leon Benham, Assistant Solicitor-General, for the appellee.

RUFFIN, Chief Judge.

Following a bench trial, the court found Victor Gillespie guilty of one count of simple battery and one count of simple assault. Since Gillespie was charged under the family violence provision of OCGA § 16-5-23(f), the misdemeanor battery offense was "of a high and aggravated nature." On appeal, Gillespie contends the evidence is insufficient to establish his guilt on the battery charge as the State failed to prove the existence of a familial...

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