State v. Barnett

MIKELL, Judge.

A Clarke County grand jury returned a five-count indictment against Anthony Lee Barnett on October 23, 2002. Barnett filed a special demurrer and motion to dismiss Counts I through IV of the indictment, which the trial court granted. The state appeals the trial court’s order. We reverse.

Count I of the indictment charged Barnett with “aggravated assault (family violence)” and Counts II, III, and IV charged him with the offense of “family violence battery (felony).” The trial court struck Count I because the parenthetical phrase did not appear in the statute that Barnett was…