STATE v. AUSTIN

No. A09A0461.

677 S.E.2d 706 (2009)

The STATE v. AUSTIN.

Court of Appeals of Georgia.

April 13, 2009.


Attorney(s) appearing for the Case

Peter J. Skandalakis, District Attorney, Anne C. Allen, Assistant District Attorney, for appellant.

Brian Steel, Atlanta, for appellee.


JOHNSON, Presiding Judge.

The state brought a 12-count indictment against Gordon Trent Austin, charging him with multiple counts of simple battery, aggravated assault, and cruelty to children. Citing inadequacies in the indictment, Austin moved to quash the charging instrument and specially demurred to its allegations. The trial court granted Austin's motion as to the aggravated assault charge in Count 9. The state appeals, and we reverse.

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