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STUBBS v. STATE

No. A95A1971.

469 S.E.2d 229 (1996)

220 Ga. App. 106

STUBBS v. The STATE.

Court of Appeals of Georgia.

Reconsideration Denied February 7, 1996.

Certiorari Denied May 3, 1996.

Attorney(s) appearing for the Case

Glyndon C. Pruitt, Buford, for appellant.

Daniel J. Porter, District Attorney, Pamela D. South, Assistant District Attorney, Lawrenceville, for appellee.

SMITH, Judge.

David Mercer Stubbs was indicted by a Gwinnett County grand jury for aggravated assault, OCGA § 16-5-21(a)(2), and kidnapping with bodily injury, OCGA § 16-5-40(b). The jury returned a verdict of "guilty of assault" and "guilty of kidnapping with bodily injury."

1. On Count 1, aggravated assault, the jury was charged on the lesser offenses of pointing a pistol at another and simple battery. Upon written request from the jury during...

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