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Davis v. State

Court of Appeals of Georgia
Jan 18, 1978
241 S.E.2d 649 (Ga. Ct. App. 1978)

Opinion

54914.

SUBMITTED NOVEMBER 1, 1977.

DECIDED JANUARY 18, 1978.

Criminal trespass, etc. Fulton Superior Court. Before Judge Langford.

Eric Welch, for appellant.

Lewis R. Slaton, District Attorney, Joseph J. Drolet, Assistant District Attorney, for appellee.


Davis was indicted for burglary and two counts of aggravated assault. A jury convicted him of criminal trespass and both counts of aggravated assault. Davis appeals, alleging the general grounds as well as urging error upon the court's refusal to grant a severance of the multiple counts. We find no error and affirm.

1. The evidence authorized the conviction.

2. The three counts were based on the same course of conduct at the same place at the same time. Because the same set of facts was necessary to establish Davis' guilt of the separate crimes charged, the court did not abuse its discretion in refusing to grant a severance. Chumley v. State, 235 Ga. 540 ( 221 S.E.2d 13) (1975).

Judgment affirmed. Bell, C. J., and McMurray, J., concur.

SUBMITTED NOVEMBER 1, 1977 — DECIDED JANUARY 18, 1978.


Summaries of

Davis v. State

Court of Appeals of Georgia
Jan 18, 1978
241 S.E.2d 649 (Ga. Ct. App. 1978)
Case details for

Davis v. State

Case Details

Full title:DAVIS v. THE STATE

Court:Court of Appeals of Georgia

Date published: Jan 18, 1978

Citations

241 S.E.2d 649 (Ga. Ct. App. 1978)
144 Ga. App. 550