State v. Tate

Eldridge, Judge.

This State’s appeal seeks review of an order of the Superior Court of Clarke County in which, based on the allegations of a special demurrer, the court quashed Count 2 of an indictment charging Robert J. Tate with aggravated assault. Tate’s cross-appeal seeks review of the same superior court order in which the court denied Tate’s demurrer to Counts 1 and 7 of the indictment, charging him, respectively, with battery under the Family Violence Act and terroristic threats. We find as follows.

Case No. A03A1164

1. Count 2 of the indictment charges Tate with the aggravated assault of…