Radford v. State

Court of Appeals of Georgia

Radford v. State

231 S.E.2d 365, 140 Ga. App. 451, 1976 Ga. App. LEXIS 1518

CourtCourt of Appeals of Georgia

DecidedOctober 26, 1976

Docket52913

StatusPublished

Cited by3 cases

This text of 231 S.E.2d 365 (Radford 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.

Bluebook

Radford v. State, 231 S.E.2d 365, 140 Ga. App. 451, 1976 Ga. App. LEXIS 1518 (Ga. Ct. App. 1976).

Pincite

Opinion

Bell, Chief Judge.

The defendant was convicted of aggravated assault and simple assault. He appeals and raises issues only as to the conviction for aggravated assault. Held:

*452 Submitted October 7, 1976 Decided October 26, 1976 Rehearing denied November 16, 1976. Hinton R. Pierce, Stanley C. House, for appellant. Richard E. Allen, District Attorney, Steve Curry, Assistant District Attorney, for appellee.

1. The trial court refused an oral request to charge the jury that it could under the evidence return a verdict of guilty of the lesser included offense of simple assault. It was not error to refuse to charge on a lesser included offense in the absence of a written request. State v. Stonaker, 236 Ga. 1 (222 SE2d 354).

2. The evidence authorized the conviction. The state’s evidence showed that defendant pointed as well as fired a rifle at two police officers with an apparent intention to inflict injury on them. Neither was in fact injured. This sufficiently establishes all the essential elements of aggravated assault under Code § 26-1302. The latter does not require that injury be in fact inflicted.

Judgment affirmed.

Clark and Stolz, JJ., concur.

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