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BATTLES v. STATE

S92A0611.

262 Ga. 415 (1992)

420 S.E.2d 303

BATTLES v. THE STATE.

Supreme Court of Georgia.

Decided September 11, 1992.

Attorney(s) appearing for the Case

Samuel F. Greneker, for appellant.

H. Lamar Cole, District Attorney, J. David Miller, Assistant District Attorney, Michael J. Bowers, Attorney General, Susan V. Boleyn, Senior Assistant Attorney General, Peggy R. Katz, Staff Attorney, for appellee.

Dodd & Turner, Roger J. Dodd, amicus curiae.

BELL, Presiding Justice.

The appellant, Joseph Battles, was found guilty of the felony murder and aggravated assault of Eric Williams.1 Because aggravated assault was charged as the underlying felony for felony murder, the trial court only sentenced Battles for felony murder (to life in prison). Battles appeals, contending that the trial court erred by, Battles alleges, instructing the jury that Battles could receive a probated sentence...

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