GA 16-5-95 - GA 16-5-95

JUDICIAL DECISIONS Charging instrument defective. - Trial court's denial of a defendant's general demurrer to a charge against the defendant of violation of a family violence order, in violation of O.C.G.A. § 16-5-95(a) (now subsection (b)), was error as the accusation failed to state any specific acts that violated any specific terms of a family violence order, such that the accusation failed to set out the essential elements of the crime or to apprise the defendant properly of the charge pursuant to O.C.G.A. § 17-7-71(c) . Newsome v. State, 296 Ga. App. 490 , 675 S.E.2d 229 (2009). Jury instruction erroneous. - Defendant's conviction for violating a family violence protective order as a lesser included offense of aggravated stalking was reversed on appeal because the defendant was not in...