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ELLISON v. STATE

No. A07A2124.

654 S.E.2d 223 (2007)

ELLISON v. The STATE.

Court of Appeals of Georgia.

November 13, 2007.

Attorney(s) appearing for the Case

John C. Culp, Roswell, for appellant.

Richard E. Currie, District Attorney, Melanie J. Brogden, Assistant District Attorney, for appellee.

ELLINGTON, Judge.

A Ware County jury found James Ellison guilty of aggravated assault with a deadly weapon, OCGA § 16-5-21(a)(2); and possession of a weapon by an inmate, OCGA § 42-5-63. Following the denial of his motion for a new trial, Ellison appeals, contending that the State failed to prove beyond a reasonable doubt that the piece of fence wire he used in a fight with the victim constituted a "deadly weapon" within the meaning of OCGA § 16-5-21...

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