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RICHARDS v. STATE

No. A05A2054.

623 S.E.2d 222 (2005)

276 Ga. App. 384

RICHARDS v. The STATE.

Court of Appeals of Georgia.

November 15, 2005.

Attorney(s) appearing for the Case

Mary Erickson, Decatur, for appellant.

Patrick H. Head, District Attorney, Amelia G. Pray, Assistant District Attorney, for appellee.

ELLINGTON, Judge.

A Cobb County jury found Donald Earl Richards guilty of aggravated assault, OCGA § 16-5-21(a)(2), and robbery by intimidation,1 OCGA § 16-8-40(a)(2). Following the grant of an out-of-time appeal, Richards contends the trial court erred in refusing to charge the jury that the "claim of right" affirmative defense, OCGA § 16-8-10(2), could be considered as a defense to a charge of robbery.

The "claim...

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