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BLAZER v. STATE

No. A04A0228.

598 S.E.2d 338 (2004)

266 Ga.App. 743

BLAZER v. The STATE.

Court of Appeals of Georgia.

Reconsideration Denied April 2, 2004.

Certiorari Denied September 7, 2004.

Attorney(s) appearing for the Case

Alston & Bird, John L. Latham, Steven H. Sadow, Atlanta, for appellant.

Carmen D. Smith, Solicitor-General, Richard N. Elliott, Jody L. Peskin, Assistant Solicitors-General, Atlanta, for appellee.

MILLER, Judge.

Without warning, Harry Blazer grabbed and struck a patron of his store when that patron attempted to leave the store through the back door. Charged with battery and simple battery, Blazer moved the court to determine that OCGA § 16-3-24.2 immunized him from prosecution. The court denied the motion, and Blazer appeals (using the interlocutory appeal procedure). We hold that evidence supported the court's ruling and affirm.

Contrary to Blazer...

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