· 2/16/2007
Shannon v. Fortenberry
Citations
- 283 Ga. App. 601
- 642 S.E.2d 229
- 2007 Fulton County D. Rep. 423
- 2007 Ga. App. LEXIS 131
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- recognizing \misdemeanor battery is a lesser degree of the crime of severity level 4 felony aggravated battery\
- finding that simple battery is a lesser included offense of aggravated battery
- finding simple misdemeanor battery is a lesser degree of the crime of severity level 4 felony aggravated battery
- skip rule “not amenable to mechanical application; rather, it should be viewed as simply providing a route to harmlessness”
- “The courts duty to instruct on lesser included crimes is not foreclosed or excused just because the lesser included crime may be inconsistent with the defendants theory of defense.”
- simple batteiy instruction should have been given in aggravated batteiy case; juiy should decide how to classify evidence on manner in which defendant inflicted bodily harm, despite “I-did-not-hit-her” trial defense
Source: CourtListener parenthetical corpus (CC0).
Judges: Smith
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.