Morris v. State

Court of Appeals of Georgia

Morris v. State

253 S.E.2d 421, 149 Ga. App. 21, 1979 Ga. App. LEXIS 1698

CourtCourt of Appeals of Georgia

DecidedFebruary 9, 1979

Docket56805

StatusPublished

Cited by4 cases

This text of 253 S.E.2d 421 (Morris v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Morris v. State, 253 S.E.2d 421, 149 Ga. App. 21, 1979 Ga. App. LEXIS 1698 (Ga. Ct. App. 1979).

Pincite

Opinion

Shulman, Judge.

Appellant brings this appeal following his conviction for aggravated assault. We affirm.

In his sole enumeration of error, appellant asserts that the trial court committed reversible error in refusing appellant’s request to charge on simple assault. We disagree.

The evidence shows that the victim was sitting on the front porch of a residence; that appellant pointed a pistol at her; that appellant shot at the victim after she had run *22 into the house and closed the door behind her. Appellant denied pointing or firing a pistol at the victim at the time in question.

Submitted October 30, 1978 — Decided February 9, 1979. Jack H. Affleck, Jr., for appellant. Harry N. Gordon, District Attorney, B. Thomas Cook, Jr., Assistant District Attorney, for appellee.

The pistol in this case, if used in the manner as testified to by the victim and others, was per se a deadly weapon. Watts v. State, 142 Ga. App. 857 (4) (237 SE2d 231). Under the evidence as presented, the offense was either aggravated assault or no offense at all, and the trial court properly refused to charge on simple assault. Harper v. State, 127 Ga. App. 359 (3) (193 SE2d 259).

Judgment affirmed.

Quillian, P. J., and Birdsong, J., concur.

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