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RADFORD v. STATE

52913.

140 Ga. App. 451 (1976)

231 S.E.2d 365

RADFORD v. THE STATE.

Court of Appeals of Georgia.

Decided October 26, 1976.

Rehearing Denied November 16, 1976.

Attorney(s) appearing for the Case

Hinton R. Pierce, Stanley C. House, for appellant.

Richard E. Allen, District Attorney, Steve Curry, Assistant District Attorney, for appellee.

BELL, Chief Judge.

The defendant was convicted of aggravated assault and simple assault. He appeals and raises issues only as to the conviction for aggravated assault. Held:

1. The trial court refused an oral request to charge the jury that it could under the evidence return a verdict of guilty of the lesser included offense of simple assault. It was not error to refuse to charge on a lesser included offense...

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