Pitts v. State

Full title: PITTS v. THE STATE

Court: Court of Appeals of Georgia

Date published: Apr 18, 1973

198 S.E.2d 377 (Ga. Ct. App. 1973)

198 S.E.2d 377

Opinion

48090.

SUBMITTED APRIL 5, 1973.

DECIDED APRIL 18, 1973.

Aggravated assault. DeKalb Superior Court. Before Judge Wheeler.

Edward Lang, for appellant.

Richard Bell, District Attorney, Randall Peek, for appellee.

HALL, Presiding Judge.

Defendant appeals from his conviction for aggravated assault.

1. The court did not err in denying his motion for a directed verdict of acquittal. Feldschneider v. State, 127 Ga. App. 745 ( 195 S.E.2d 184).

2. The court's charge on reasonable doubt was in substantially the same language approved in Deering v. State, 123 Ga. App. 223 ( 180 S.E.2d 245).

3. The court's charge on aggravated assault was in substantially the same language as Code Ann. § 26-1302. That the language contained means of committing the offense other than that for which defendant was indicted could not have confused the jury. See Dyer v. State, 71 Ga. App. 41 ( 29 S.E.2d 922).

4. There was no evidence or contention that defendant was involuntarily intoxicated. Therefore, the court's charge on the issue, while extraneous, could only have helped rather than harmed the defendant. Moses v. State, 60 Ga. 138; Evans v. State, 68 Ga. App. 207 ( 22 S.E.2d 618).

Judgment affirmed. Evans and Clark, JJ., concur.

HALL, Presiding Judge.

SUBMITTED APRIL 5, 1973 — DECIDED APRIL 18, 1973.