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McDANIEL v. STATE

No. A09A0654.

680 S.E.2d 593 (2009)

McDANIEL v. The STATE.

Court of Appeals of Georgia.

June 25, 2009.

Attorney(s) appearing for the Case

Jackie G. Patterson, Atlanta, for appellant.

Scott L. Ballard, Dist. Atty., Robert W. Smith, Jr., Asst. Dist. Atty., for appellee.

BARNES, Judge.

Christopher McDaniel appeals his conviction for aggravated assault and possession of a firearm during the commission of a crime. He contends the trial court erred by denying his motion in arrest of judgment to both crimes because the indictment failed to allege any of the elements of the offenses. He relies upon OCGA § 17-9-61(a): "When a judgment has been rendered, either party may move in arrest thereof for any defect not amendable which appears...

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