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ROOT v. STATE

No. S91A1267.

412 S.E.2d 837 (1991)

261 Ga. 710

ROOT v. The STATE.

Supreme Court of Georgia.

November 27, 1991.

Attorney(s) appearing for the Case

Rockdale County State Trial Judge, Sidney L. Nation.

Jim B. Sullivan, Decatur, for Root.

Nancy N. Bills, Asst. Dist. Atty., Conyers, Michael J. Bowers, Atty. Gen., Atlanta, Robert F. Mumford, Dist. Atty., Conyers, Robert D. McCullers, Staff Atty., Atlanta, for the State.

Alan S. Clarke, Asst. Dist. Atty., Conyers, Atty. Register.

BELL, Justice.

The solicitor for the State Court of Rockdale County filed an accusation against Donald Theodore Root, Jr., accusing him of simple battery of his wife and battery of his stepdaughter. Root filed a general demurrer to the battery count, on the ground that the battery statute violated the federal and state constitutions in several respects. After the trial court denied his demurrer, Root pled guilty to both counts, but with the permission of the trial...

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