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CHAPPELL v. STATE

No. A08A0977.

659 S.E.2d 919 (2008)

CHAPPELL v. The STATE.

Court of Appeals of Georgia.

April 1, 2008.

Attorney(s) appearing for the Case

Kevin Kwashnak, for Appellant.

Cecilia Marie Cooper, Dist. Atty., Richard E. Nettum, Asst. Dist. Atty., for Appellee.

BLACKBURN, Presiding Judge.

Following a jury trial, Natonya Travis Chappell appeals his conviction for aggravated assault, arguing that the trial court erred in instructing the jury "that a firearm, when used as such, is a deadly weapon as a matter of law." Because this instruction is correct, we affirm.

Construed in favor of the verdict, Short v. State,1 the evidence shows that when an acquaintance denied Chappell his request...

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