Willis v. State

Full title: WILLIS v. THE STATE

Court: Court of Appeals of Georgia

Date published: Jul 15, 1983

307 S.E.2d 133 (Ga. Ct. App. 1983)

307 S.E.2d 133

Opinion

66273.

DECIDED JULY 15, 1983. REHEARING DENIED JULY 28, 1983.

Aggravated assault. Clayton Superior Court. Before Judge Tanksley, Senior Judge.

Martin L. Cowen III, for appellant.

Robert E. Keller, District Attorney, Mary Jane Stewart, Assistant District Attorney, for appellee.

CARLEY, Judge.

Appellant was convicted of aggravated assault. He appeals from the conviction and sentence entered thereon.

Appellant's sole enumeration of error urges that the trial court erred in failing to charge upon the definition of simple assault in charging on aggravated assault. This assertion has been decided by the Supreme Court adversely to appellant. "There is no merit in appellant's contention that a charge on simple assault [OCGA § 16-5-20 (Code Ann. § 26-1301)] must be given in order to complete the definition of aggravated assault [OCGA § 16-5-21 (Code Ann. § 26-1302)]. The latter does not need the former to make it complete. [Cit.]" Sutton v. State, 245 Ga. 192, 193 (2) ( 264 S.E.2d 184) (1980).

Judgment affirmed. Deen, P. J., and Banke, J., concur.

DECIDED JULY 15, 1983 — REHEARING DENIED JULY 28, 1983 — CERT. APPLIED FOR.