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ROSS v. STATE

A94A1126.

214 Ga. App. 385 (1994)

ROSS v. THE STATE.

Court of Appeals of Georgia.

Decided August 5, 1994.

Attorney(s) appearing for the Case

Robert Greenwald, for appellant.

Keith C. Martin, Solicitor, for appellee.

SMITH, Judge.

Jody Scott Ross was charged with the offense of battery, OCGA § 16-5-23.1, in that he caused visible bodily injury to the victim. He was convicted in a bench trial of simple battery, OCGA § 16-5-23. He contends his conviction cannot stand because he was convicted of a crime that was not charged and was not a lesser included offense of the crime charged.

"`It is an elementary principle of criminal procedure that no person can be convicted...

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