John Travis Chadwickv.The State
John Travis Chadwick was convicted of aggravated assault and simple battery after an alcohol-fueled fight in which he kicked a man in the face and caused serious injury. He argued that he was immune because his conduct was justified, that the jury received improper instructions, and that the convictions should merge. The Court of Appeals of Georgia affirmed the aggravated-assault conviction but vacated the simple-battery conviction and sentence. The court held that the battery was included in the aggravated assault under Georgia’s required-evidence test because both offenses arose from the same conduct and the battery did not require proof of an additional fact. It rejected Chadwick’s rule-of-lenity theory and remanded for resentencing.
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