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Kinney v. State

Citations

  • 505 S.E.2d 553
  • 234 Ga. App. 5
  • 98 Fulton County D. Rep. 3286
  • 1998 Ga. App. LEXIS 1117

How courts have described this case

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

  • the issue is one involving the substantive bar against double jeopardy that is not waived by the failure to assert it in the trial court
  • “ ‘a void sentence is one which imposes punishment the law does not allow’ ”
  • Aggravated battery merged with robbery by force where defendant and the victim struggled over her purse and the victim was injured during the struggle.
  • aggravated battery conviction merged into robbery by force conviction where it was clear from the indictment and from the transcript that the offenses were based on identical acts of violence through which the defendant effected the taking of the victim's purse
  • aggravated battery conviction merged into robbery by force conviction where it was clear from the indictment and from the transcript that the offenses were based on identical acts of violence through which the defendant effected the taking of the victim’s purse
  • malice element of aggravated battery proven where evidence showed that defendant “jerked the [65-year-old victim’s] purse back and forth and swung the victim around by the shoulder strap” causing her to fall to the ground, sprain her ankle, and break two bones in her foot

Source: CourtListener parenthetical corpus (CC0).

Judges: Eldridge, McMurray, Blackburn

Read full opinion on CourtListener

Cited by

15 cases in this archive cite this case.

Cites

11 cases in this archive are cited by this case.

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