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Lawskills.com Georgia Caselaw
DUFFEY v. THE STATE.
A98A1310.
BLACKBURN, Judge.
Simple assault, etc. Henry Superior Court. Before Judge Craig.
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 assault. However, as Duffey was not convicted of aggravated assault, but of the lesser offense of simple assault, any error in charging the jury on this crime was harmless. Marks v. State, 210 Ga. App. 281, 283-284 (5) (435 SE2d 703) (1993). Duffey does not assert as error that the trial court erred in charging on simple assault.
Tommy K. Floyd, District Attorney, Thomas R. McBerry, Mary Evans-Battle, Assistant District Attorneys, for appellee.
Lloyd J. Matthews, for appellant.
DECIDED MAY 27, 1998.
Thursday May 21 03:25 EDT


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