Ross v. State

Smith, Judge.

Jody Scott Ross was charged with the offense of battery, OCGA § 16-5-23.1, in that he caused visible bodily injury to the victim. He was convicted in a bench trial of simple battery, OCGA § 16-5-23. He contends his conviction cannot stand because he was convicted of a crime that was not charged and was not a lesser included offense of the crime charged.

“ ‘It is an elementary principle of criminal procedure that no person can be convicted of any offense not charged in the indictment. There may, of course, be a conviction of a lesser offense than that expressly named in the…