Legal Opinion

McDaniel v. State

Court of Appeals of Georgia

Decided June 25, 2009No. A09A0654PublishedCited by 6 opinions

1Opinion of the Court

Barnes, Judge.

Christopher McDaniel appeals his conviction for aggravated assault and possession of a firearm during the commission of a crime. He contends the trial court erred by denying his motion in arrest of judgment to both crimes because the indictment failed to allege any of the elements of the offenses. He relies upon OCGA § 17-9-61 (a): “When a judgment has been rendered, either party may move in arrest thereof for any defect not amendable which appears on the face of the record or pleadings.” McDaniel alleges that the aggravated assault charge against him only alleged that he “did…

2Cases cited5 opinions

  1. State v. EubanksSupreme Court of Georgia · 1977
  2. Stinson v. StateSupreme Court of Georgia · 2005
  3. Smith v. StateSupreme Court of Georgia · 2003
  4. Buchanan v. StateCourt of Appeals of Georgia · 2003
  5. State v. BarnettCourt of Appeals of Georgia · 2004

3Cited by6 opinions

  1. State v. WilsonCourt of Appeals of Georgia · 2012
  2. Poole v. StateCourt of Appeals of Georgia · 2014
  3. Jimmy L. Taylor v. StateCourt of Appeals of Georgia · 2025
  4. Mark Winford Poole v. StateCourt of Appeals of Georgia · 2014
  5. Nydia Tisdale v. StateCourt of Appeals of Georgia · 2020

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