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· 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 CourtListener

Sourced 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.