Head v. State

I concur in Division 1 but not in Division 2, nor am I able to join Judge Beasley’s dissent.

The aggravated assault count of the indictment charged “assault . . . with a certain flashlight.” The armed robbery count of the indictment charged “take property ... by use of a certain flashlight.” As to the armed robbery count, the court charged both armed robbery and robbery (by force). The jury convicted the defendant of aggravated assault and robbery (by force). Since the jury concluded the defendant assaulted the victim with the flashlight but did not take the money with it, it logically follows…