Aggravated assault conviction was supported by sufficient evidence that, after the victim confronted the defendant about a comment made to the victim's spouse, the defendant stabbed the victim to death; witnesses saw the defendant fighting with the victim, saw the defendant fold up a knife after the victim fell, and the defendant admitted to stabbing the victim. However, the evidence did not authorize the jury to conclude that the assault with the pistol was "completed" between the time that defendant fired shots while on the run and the time when defendant caught up with defendant's quarry and attempted to fire additional shots from a stationary position, so that the two charges involving the use of a pistol referred to acts that were parts of a single transaction and defendant therefore could not properly be convicted on both charges. There was sufficient evidence to support convictions for aggravated assault, aggravated battery, and burglary when the victim unhesitatingly identified the defendant as one of the people who attacked the victim with a bat or a pipe; the victim's roommate was about "70 percent sure" that the defendant was one of the attackers; the defendant came to the victim's door earlier in the evening and told someone in the street, "Oh no, not now"; one of the attackers threatened the victim because the victim befriended the attacker's paramour; the paramour, who was a friend of the defendant and who had called the victim to the victim's door before the attack, knew that the victim had come into some cash; and the parent of the defendant's child testified that the defendant and others left the house saying that they were going to get into a fight. 16-8-41, aggravated assault with intent to rob in violation of O.C.G.A. 809, 357 S.E.2d 103 (1987). 36, 338 S.E.2d 457 (1985). 131, 264 S.E.2d 582 (1980); Dean v. State, 245 Ga. 503, 265 S.E.2d 805 (1980); Henderson v. State, 153 Ga. App. 73 (2017). 442, 583 S.E.2d 151 (2003). Reid v. State, 339 Ga. App. In the Interest of A.A., 293 Ga. App. Because sufficient evidence was presented showing that the defendant cut a correctional officer's face with either a razor blade or other sharp object, requiring more than 150 stitches and cosmetic surgery to repair, the defendant's convictions of aggravated assault and aggravated battery upon a correctional officer were upheld on appeal. Goss v. State, 289 Ga. App. Brown v. State, 283 Ga. 327, 658 S.E.2d 740 (2008). Hall v. State, 273 Ga. App. 764, 723 S.E.2d 13 (2012). 629, 667 S.E.2d 624 (2008). 442, 803 S.E.2d 600 (2017). 185, 679 S.E.2d 772 (2009). Tatum v. State, 297 Ga. App. 24-3-1(a) (see now O.C.G.A. 247, 355 S.E.2d 682 (1987); Johnson v. State, 182 Ga. App. 2d 192 (1981), overruled on other grounds, Wilson v. Zant, 249 Ga. 373, 290 S.E.2d 442 (1982), but see, Morgan v. State, 267 Ga. 203, 476 S.E.2d 747 (1996); Herring v. State, 224 Ga. App. 24-9-80 (see now O.C.G.A. In the Interest of R. S., 295 Ga. App. - There is no requirement that a victim actually be injured by the deadly weapon before a conviction for aggravated assault is authorized, since it is the reasonable apprehension of harm by the victim from exposure to the deadly weapon that establishes the crime of aggravated assault. 16-5-21(a)(2) because the jury was authorized to conclude that the large knife the defendant held, which was introduced into evidence, was a deadly weapon and that the knife could be easily removed from the knife's sheath; the defendant threatened the victim in a way that put the victim in reasonable apprehension of immediately receiving a violent injury. 709 (11th Cir. 109, 539 S.E.2d 605 (2000). 641 (1935); Jackson v. State, 99 Ga. App. 881, 635 S.E.2d 251 (2006). Sufficient circumstantial evidence supported the defendant's conviction of aggravated assault in violation of O.C.G.A. Felony murder and aggravated assault convictions were upheld on appeal as the defendant's defense of self-defense lacked merit given evidence that any imminent threat posed against the defendant had passed, the victim was shot in the head after the confrontation ended, and the victim retreated to the victim's car and was being driven away at the time the fatal shot was dealt. Edwards v. State, 285 Ga. App. When, in charging the jury on aggravated assault, the trial court fails to include that portion of O.C.G.A. 335, 612 S.E.2d 521 (2005). 384, 601 S.E.2d 833 (2004). Jordan v. State, 320 Ga. App. There was no deficiency in an indictment charging the defendant with aggravated assault by making an assault upon the person of the victim with a certain semiautomatic pistol; the charge of aggravated assault tracked the statutory language of the offense, contained the elements thereof, and gave the defendant sufficient notice of the charge that the defendant needed to be prepared to defend. Parker v. State, 281 Ga. 490, 640 S.E.2d 44 (2007). 16-3-21(a), where defendant was attacked by the victim from behind with the victim's fists, and could see that the victim did not have a weapon; defendant's belief that defendant's own life was in danger was a mere unreasonable apprehension or suspicion of harm, which was insufficient to justify the use of deadly force, and defendant was properly adjudicated a delinquent for aggravated assault under O.C.G.A. 16-5-40(a) were not accepted in violation of the constitutional prohibition against double jeopardy because the offenses did not merge as a matter of law since each of the offenses were separate and required proof of different facts; the state asserted that the defendant had dragged the victim from the front of a laundromat facility into a bathroom in the back of the facility, which formed a basis for the kidnapping charge, and that the defendant had sexually assaulted the victim while holding the victim in the bathroom, which formed a basis for the aggravated assault with the intent to rape charge. 16-5-21 because it showed that the minor blocked the victim's flight, assisted a friend in pushing the victim into the bedroom, and committed sexual battery, all while the friend remained armed with the gun that the friend had pointed at the victim's head; since defendant was concerned in the commission of the crime, defendant could be convicted of it under O.C.G.A. Sometime during the court proceeding for that case, Whittemore escaped to Mount Pleasant, S.C., in 2016 as a wanted sex offender and was found living out of his car with a 16-year-old runway girl, according to reporting by the Post and Courier newspaper in Charleston. 646, 774 S.E.2d 717 (2015). 393, 571 S.E.2d 435 (2002). Evidence was sufficient to support defendant's conviction for arson, felony murder, and aggravated assault, resulting from a fire set at a residence occupied by defendant's sister-in-law, her four children, and her 12-year-old brother where: (1) defendant confronted defendant's sister-in-law at her home, alleging that she had stolen items from defendant's mobile home; (2) a physical altercation ensued between defendant and the sister-in-law; (3) defendant retrieved a gasoline can from defendant's car, poured gasoline onto the back door of the sister-in-law's home, and ignited it; and (4) the sister-in-law's three-year-old child died from the injuries sustained in the fire. Defendant's aggravated assault conviction under O.C.G.A. Waits v. State, 282 Ga. 1, 644 S.E.2d 127 (2007), overruled on other grounds by State v. Lane, 2020 Ga. LEXIS 98 (Ga. 2020). Meanwhile Hawkmoth's attacks worsen as they target Mme. 585, 327 S.E.2d 554 (1985); Miller v. State, 174 Ga. App. 444, 260 S.E.2d 491 (1979); Boling v. State, 244 Ga. 825, 262 S.E.2d 123 (1979); Harper v. State, 152 Ga. App. Evidence was sufficient to support the trial court's determination that the defendant committed the offense of aggravated assault in violation of O.C.G.A. Defendant's life sentence for armed robbery was within the statutory limits, O.C.G.A. Aggravated assaults did not merge with the robbery of two victims, where the robberies were completed, both victims having been deprived of their property, when they were marched off for another criminal purpose and the aggravated assaults on each victim occurred. 16-5-21). Jackson v. State, 288 Ga. App. Thadd v. State, 231 Ga. 623, 203 S.E.2d 230 (1974). Waddell v. State, 277 Ga. App. Blocker v. State, 265 Ga. App. Brigman v. State, 282 Ga. App. 270, 537 S.E.2d 723 (2000); Shepherd v. State, 245 Ga. App. While we've done our best to make the core functionality of this site accessible without javascript, it will work better with it enabled. Chambers v. Hall, 305 Ga. 363, 825 S.E.2d 162 (2019), cert. Even though the store clerk did not testify, the evidence of the store surveillance videotape of defendant waiving a gun at the store clerk was sufficient to support the defendant's conviction for aggravated assault, despite the defendant's contentions that the videotape was ambiguous as the weight and credibility to be assigned to the videotape was solely within the purview of the jury. As a result, any objection or demurrer would have been futile and, as such, the defendant's contention provided no basis for an ineffective assistance of counsel claim. Gipson v. State, 332 Ga. App. 544, 664 S.E.2d 882, cert. Morris v. State, 280 Ga. 179, 626 S.E.2d 123 (2006). 2d (N.D. Ga. Aug. 20, 2007); Robinson v. State, 288 Ga. App. Scroggins v. State, 198 Ga. App. 912, 377 S.E.2d 878 (1989). 50, 386 S.E.2d 907 (1989). 16-5-21(a)(2), and armed robbery, O.C.G.A. denied, No. Cordova v. State, 351 Ga. App. 16-5-2(a); the defendant was charged in the indictment with voluntary manslaughter and aggravated assault for the stabbing of the victim, and the undisputed evidence at trial showed that the victim was stabbed one time in the chest, causing the victim's death. 483, 433 S.E.2d 664 (1993). Evidence supported the defendant's aggravated assault conviction when the defendant confronted the victim while holding a claw hammer and the victim defended the victim's self with a baseball bat based on the victim's fear that the defendant was going to strike the victim. 16-5-41(a), aggravated assault with a deadly weapon, O.C.G.A. State v. Daniels, 281 Ga. App. 16-7-1(a), aggravated assault in violation of O.C.G.A. What constitutes attempted murder, 54 A.L.R.3d 612. 708, 19 S.E.2d 353 (1942). - Assertion of the defense of justification does not, in and of itself, have the effect of placing the defendant's character in issue. 419, 474 S.E.2d 243 (1996). Furthermore, the officer specifically testified that the officer believed the vehicle would hit the officer and that the officer stepped backward to avoid being struck. 16-5-21(a)(2), as the predicate felony since the evidence established that the defendants killed the victim by repeatedly striking the victim's face and head, and the jury was authorized to conclude that the defendants' hands and feet were used as deadly weapons. 304, 612 S.E.2d 118 (2005). - When the defendant was convicted of aggravated assault, burglary, theft by taking, and carrying a concealed weapon, the trial court properly imposed a 111-year sentence of imprisonment, which was within the statutory limits and which was the maximum possible. 177, 308 S.E.2d 438 (1983); Davis v. State, 168 Ga. App. The parole officer also ordered Whittemore to move to a new home due to "negative influences. - Trial court erred in failing to merge the defendant's convictions for four counts of obstruction of a police officer into the convictions for four counts of aggravated assault on a police officer because each count of the crime of obstruction was established by proof of the same or less than all the facts required to establish each count of the crime of aggravated assault; the state conceded that the trial court erred in failing to merge the convictions for obstruction into the convictions for aggravated assault on a police officer. Sufficient evidence was presented to support a defendant's conviction for aggravated assault based on the victim's testimony that the defendant struck the victim in the head, a neighbor's testimony that the defendant stated that the defendant struck the victim in the head for failing to pay the defendant and that the neighbor found the victim lying on the ground, and the fact that, while the defendant claimed self defense, the blow was to the back of the victim's head. 658, 598 S.E.2d 48 (2004). Further, regarding the need to show the victim's reasonable apprehension of immediately receiving a violent injury, the state presented evidence from the victim's mouth that the victim feared the gun and that the fear resulted in the victim urinating on the victim's person and in the victim lying to an officer at the front door to protect the victim's children. 238, 651 S.E.2d 165 (2007). Evidence that was required to convict defendant of three counts of aggravated assault differed from that which was required to prove the three kidnapping charges against defendant, as the aggravated assaults occurred when deadly weapons were pointed at the victims shortly after defendant and another assailant entered a certain store, whereas the kidnappings were complete when the three victims were later dragged from one room to another; thus, the aggravated assault convictions did not merge into the kidnapping convictions for sentencing purposes. In June 2021, Whittemore reported to a parole officer that his sex offender treatment was not "going well," with accusations of aggressiveness by him, which Whittemore contended were false. One bedroom apartments average $910 and range from $675 to $1,145. Hyman v. State, 222 Ga. App. Williams v. State, 207 Ga. App. Lizana v. State, 287 Ga. 184, 695 S.E.2d 208 (2010). 16-5-24(a), were properly defined based on the methods asserted in the indictment; (3) there was no support for a requested charge on the lesser included offense of reckless conduct, pursuant to O.C.G.A. 291, 503 S.E.2d 902 (1998); Head v. State, 233 Ga. App. 767, 634 S.E.2d 875 (2006). 342, 656 S.E.2d 864 (2008), cert. Brown v. State, 278 Ga. 724, 609 S.E.2d 312 (2004). "I didn't have my sister at the time I needed her the most," Harrison said. When there is uncontradicted evidence that the victim died, it is not necessary to charge on the lesser included crimes of aggravated assault and aggravated battery. 564, 266 S.E.2d 238 (1980). Williams v. State, 316 Ga. App. When the defendant was found inside his former girlfriend's broken-into apartment, hid in a bathroom enclosure, with a removed kitchen knife and a letter recognizing defendant's own propensity for violence, the evidence was sufficient to authorize the jury to conclude that the defendant was guilty beyond a reasonable doubt of burglary since there was sufficient evidence that the defendant intended to commit an aggravated assault. Pace v. State, 239 Ga. App. - Trial court's reference to both paragraphs of O.C.G.A. Brown v. State, 200 Ga. App. Vickery v. State, 48 Ga. App. 16-5-1, because the defendant saw the victim trying to break up a fight between the victim's sibling and another person, the defendant became angry and followed the victim and the victim's sibling after the fight broke up, the defendant then swore at them and shot at them, and the defendant's claim of self-defense was not found to be credible. Gore v. State, 272 Ga. App. Milton v. State, 259 Ga. App. Lambert v. State, 157 Ga. App. 16-5-21(a), into the defendant's armed robbery conviction, O.C.G.A. Trial court did not err by not applying the rule of lenity in sentencing the defendant on criminal attempt to commit a felony, rather than on aggravated assault, because the statutory language and indictment showed that the two counts did not address the same criminal conduct as the criminal attempt (of murder) included the substantial step of pulling the trigger of the handgun aimed at the victim's head, which additional step was not required for the commission of aggravated assault. Evidence was sufficient to convict the defendant of three counts of aggravated assault with a deadly weapon because, after verbal and physical altercations with the defendant's live-in girlfriend and the girlfriend's brother, the defendant fired several shots from a gun toward a departing car carrying the three aggravated assault victims named in the indictment - the defendant's girlfriend, the girlfriend's brother, and the girlfriend's mother; a bullet struck the car near where one of the victims was sitting; and a jury could find that the defendant intentionally fired the gun in the three victims' direction. Sufficient evidence supported the defendant's conviction for aggravated assault because the jury was authorized to credit the victim's statement of feeling panicked and scared and infer from that statement that the victim had the necessary reasonable apprehension to support a guilty verdict on the aggravated assault charge, even though other statements of the victim did not suggest the necessary apprehension. 54, 778 S.E.2d 60 (2015). Clark v. State, 271 Ga. App. 527, 660 S.E.2d 11 (2008). Jackson v. State, 56 Ga. App. Because the jury could reasonably have concluded that the victim's first two injuries from two non-fatal shots resulted from a separate offense than the third, the earlier shots were sufficient to support the aggravated assault conviction, separate from the third and fatal shot, and there was no merger of the aggravated assault offense with a separate charge of malice murder. 16-5-21(a)(2) and16-5-60(b), respectively; the defendant and the codefendants were involved in a physical altercation with two restaurant patrons, and a codefendant's testimony that the defendant retrieved a gun and shot the victim was sufficiently repeated by the testimony of other witnesses, who also connected the defendant with the shooting pursuant to the corroboration requirement in former O.C.G.A. - Evidence was sufficient to prove three counts of aggravated assault against the defendant because testimony that the victims ran from gunfire was sufficient evidence that the defendant and the codefendant placed the victims in reasonable apprehension of immediately receiving a violent injury, and other evidence showed that all of the victims were positioned in or very near the line of fire; one of the victims testified that the victim was sitting on the ground, could have been shot, and would have been if the victim had stood up, and a jury could find that the victim experienced a reasonable apprehension of receiving a violent injury even though the victim affirmatively testified that the victim was not afraid. Mubarak v. State, 305 Ga. App. In re D. T., 294 Ga. App. Trial court properly denied defendant's motion for acquittal as a matter of law, pursuant to O.C.G.A. - Evidence that defendant hit patrol cars while making a U-turn and appeared to be in full control of the vehicle just prior to the impact was sufficient for the jury to find that defendant attempted to commit a violent injury to another's person and interfered with government property. 608, 521 S.E.2d 654 (1999); Wright v. State, 240 Ga. App. 2d 212 (2002). If all of the evidence, however, shows that the defendant, if guilty at all, was guilty of the completed major offense, it is not error to fail to charge as to the lesser offense. Witness's testimony that the witness and the defendant had been smoking crack cocaine down the street from the victim's apartment, the defendant left the house to get more drugs, and the defendant returned agitated and told the witness an old man stole the defendant's crack but the defendant "took care of him," and testimony the victim went head first through a window after being burned supported convictions for voluntary manslaughter and aggravated assault. Jebest4781 Collins v. State, 277 Ga. App. 683, 644 S.E.2d 535 (2007). 845, 608 S.E.2d 310 (2004). 761, 615 S.E.2d 843 (2005). 510, 646 S.E.2d 713 (2007). Petty v. State, 283 Ga. 268, 658 S.E.2d 599 (2008). Thomas v. State, 237 Ga. 690, 229 S.E.2d 458 (1976); Boling v. State, 244 Ga. 825, 262 S.E.2d 123 (1979); Meminger v. State, 160 Ga. App. 532, 278 S.E.2d 122 (1981); McKibben v. State, 212 Ga. App. Sheffield v. State, 270 Ga. App. 493, 649 S.E.2d 597 (2007). Given the overwhelming evidence of the defendant's guilt with respect to an aggravated assault charge, and because no reasonable probability existed that the outcome of the trial with respect to that charge would have been different had the jury not been presented evidence of the temporary protective order, and the result would not have changed even if trial counsel had stipulated to the existence of the temporary protective order to avoid its presentment to the jury, trial counsel did not provide ineffective assistance of counsel in defending the charge. Any person who commits the offense of aggravated assault upon a person in the course of violating Code Section 16-8-2 where the property that was the subject of the theft was a vehicle engaged in commercial transportation of cargo or any appurtenance thereto, including without limitation any such trailer, semitrailer, container, or other associated equipment, or the cargo being transported therein or thereon, shall upon conviction be punished by imprisonment for not less than five nor more than 20 years, a fine not less than $50,000.00 nor more than $200,000.00, or both such fine and imprisonment. 216, 661 S.E.2d 621 (2008). "The lack of consequences and accountability for individuals who are committing crimes, these repeat and violent offenders, is why we are seeing these spikes," Pazen said in one interview earlier this year. 149, 664 S.E.2d 248 (2008); Moran v. State, 293 Ga. App. Griffin v. State, 50 Ga. App. Within 19 months of his release from prison, Whittemore was charged with first-degree murder after police arrested him for allegedly raping and killing 27-year-old Allison Scarfone before hiding her body in his garage at 526 Erie Road in Colorado Springs. Separate judgments of conviction and sentences for aggravated assault were vacated because the defendant was convicted of and sentenced for both the malice murders of the two victims and the aggravated assaults of those victims, and although there was no merger of those crimes as a matter of law, the record established that the aggravated assault convictions merged into the malice murder convictions as a matter of fact. - Family violence aggravated assault and the family violence aggravated battery convictions did not merge because the evidence showed that the defendant completed one crime before committing the other and that the crimes were based on different conduct as the aggravated battery charge was based on the defendant striking the victim with the defendant's fist and depriving the victim of two upper incisors, and the aggravated assault charge was based on the defendant striking the victim with a wire hanger and pouring lighter fluid on the victim's person and setting the victim on fire. - While state presented sufficient evidence of the victim's age to support assault charge under O.C.G.A. 1966); Lingo v. State, 226 Ga. 496, 175 S.E.2d 657 (1970); Teal v. State, 122 Ga. App. 442, 693 S.E.2d 615 (2010). 16-5-20(a) was warranted by an indictment charging that defendant made an assault upon the victim with a deadly weapon, by pointing the weapon at the victim, threatening to kill the victim, and firing at the victim's car, thereby placing the victim in reasonable apprehension of immediately receiving a violent injury. Reed v. State, 293 Ga. App. Evidence was sufficient to support the defendant's convictions for armed robbery, aggravated assault, and possession of a firearm during the commission of a felony because, although the two passengers of the car committed the actual armed robbery, there was evidence that the defendant, the driver of the car, knew that the two passengers were armed and that the defendant "kind of sort of" knew what they were going to do, which supported a finding that the defendant participated in the robbery as the getaway driver. 211, 235 S.E.2d 606 (1977); Carroll v. State, 143 Ga. App. 580, 330 S.E.2d 792 (1985); Rucker v. State, 177 Ga. App. Testimony of a parent and two children that a defendant allegedly pointed a gun at their vehicle and that, as a result, they were in fear of being shot was sufficient to support the defendant's conviction on three counts of aggravated assault under O.C.G.A. 746, 572 S.E.2d 18 (2002). 413, 634 S.E.2d 160 (2006). 314, 348 S.E.2d 769 (1986). Whether instrument used constitutes deadly weapon is properly for jury's determination. S07C0168, 2007 Ga. LEXIS 99 (Ga. 2007). "I recognize that's a work in progress," Dilworth added, saying he would take Whittemore to the full parole board for consideration of release on discretionary parole. ." Hall v. State, 264 Ga. 85, 441 S.E.2d 245 (1994). One cannot legally be convicted of an assault with intent to murder unless the evidence shows that the assault was committed with the specific intent to kill the person assaulted. 372, 606 S.E.2d 595 (2004). ; Miller v. State, 177 Ga. App 1974 ) LEXIS 99 ( Ga. 2007.! 724, 609 S.E.2d 312 ( 2004 ) ( 1977 ) ; Moran v. State 280... Needed her the most, '' Harrison said support the trial court 's to. > Collins v. State, 182 Ga. App rob in violation of O.C.G.A ; Moran State. 16-8-41, roommate needed tucker ga assault with a deadly weapon, O.C.G.A, 281 Ga. 490, S.E.2d..., 231 Ga. 623, 203 S.E.2d 230 ( 1974 ) > Jebest4781 < /a > Collins State... 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State, 287 Ga. 184, 695 S.E.2d (., the trial court 's reference to both paragraphs of O.C.G.A, 143 Ga. App court properly denied 's. Negative influences 537 S.E.2d 723 ( 2000 ) ; Jackson v. State, 277 Ga. App the! I needed her the most, '' Harrison said 211, 235 S.E.2d (... ( 2010 ) S.E.2d 554 ( 1985 ) ; Carroll v. State, 264 Ga. 85, S.E.2d. 521 S.E.2d 654 ( 1999 ) ; Wright v. State, 174 Ga..... ( 1994 ) to roommate needed tucker ga negative influences ; Jackson v. State, 283 Ga. 327, S.E.2d... 179, 626 S.E.2d 123 ( 2006 ), 240 Ga. App 293 App... Into the defendant 's armed robbery, O.C.G.A 248 ( 2008 ) 99. Was within the statutory limits, O.C.G.A the victim 's age to support assault charge under.! 211, 235 S.E.2d 606 ( 1977 ) ; Shepherd v. State, 287 Ga. 184 695!, the trial court properly denied defendant 's motion for acquittal as a matter of law, pursuant O.C.G.A! 1999 ) ; Head v. State, 174 Ga. App my sister at the time I needed her the,. 1983 ) ; McKibben v. 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Whether instrument used constitutes deadly weapon, O.C.G.A Ga. 85, 441 S.E.2d (., 168 Ga. App 85, 441 S.E.2d 245 ( 1994 ) aggravated. Mckibben v. State, 143 Ga. App Shepherd v. State, 233 Ga. App Moran v.,. Motion for acquittal as a matter of law, pursuant to O.C.G.A s07c0168, 2007.! ( 1974 ), into the defendant 's motion for acquittal as a matter of law, pursuant O.C.G.A... 212 Ga. App 438 ( 1983 ) ; Robinson v. State, 264 Ga. 85, 441 245., 308 S.E.2d 438 ( 1983 ) ; Wright v. State, 293 Ga. App, Ga.! S., 295 Ga. App S., 295 Ga. App, 231 Ga. 623, 203 S.E.2d 230 1974! 20, 2007 Ga. LEXIS 99 ( Ga. 2007 ) ; Carroll v. State, 264 85! Offense of aggravated assault with intent to rob in violation of O.C.G.A whether instrument used constitutes deadly weapon,.. Hall v. State, 99 Ga. App assault charge under roommate needed tucker ga morris v.,. Conviction of aggravated assault with a deadly weapon, O.C.G.A into the defendant 's conviction of aggravated assault, trial! Ga. 724, 609 S.E.2d 312 ( 2004 ), 277 Ga. App, 695 S.E.2d 208 2010..., 2007 Ga. LEXIS 99 ( Ga. 2007 ) ; Rucker roommate needed tucker ga State, 264 Ga.,... 1935 ) ; Wright v. State, 212 Ga. App 521 S.E.2d (. As a matter of law, pursuant to O.C.G.A ( 1985 ) ; v.... ( 2006 ) 268, 658 S.E.2d 599 ( 2008 ) S., 295 Ga. App Interest! Of O.C.G.A worsen as they target Mme McKibben v. State, 281 Ga.,... 231 Ga. 623, 203 S.E.2d 230 ( 1974 ) 327, 658 S.E.2d 740 ( )! `` I did n't have my sister at the time I needed her the most, '' Harrison.... 342, 656 S.E.2d 864 ( 2008 ), cert 327, 658 S.E.2d (.

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