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Calhoun v. State

Citations

  • 318 Ga. App. 835
  • 734 S.E.2d 809
  • 2012 Fulton County D. Rep. 3919
  • 2012 Ga. App. LEXIS 1006

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • finding that evidence defendant ordered store manager to front of store to assist other employee in opening cash register was sufficient to support false-imprisonment conviction
  • vacated aggravated assault conviction because evidence did not support finding that defendant pointed a gun at the victim as alleged in the indictment
  • if an indictment charges a defendant with committing a crime in a particular manner, then “the proof must show it so”
  • vacated aggravated assault conviction because evidence did not support finding that defendant pointed a gun at the victim as alleged in the indictment
  • “When reviewing a denial of a motion for a directed verdict, we apply the same test as when reviewing a challenge to the sufficiency of the evidence[.]”
  • “No averment in an indictment can be rejected as surplusage which is descriptive either of the offense or the manner in which it was committed. All such averments must be proved as laid, or the failure to prove the same as laid will amount to a variance.” (citation omitted)

Source: CourtListener parenthetical corpus (CC0).

Judges: Ray

Read full opinion on CourtListener

Cited by

14 cases in this archive cite this case.

Cites

9 cases in this archive are cited by this case.

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