Jackson v. State

Benham, Judge.

Appellant was charged with two counts of aggravated assault upon a peace officer. OCGA § 16-5-21 (c). The jury was instructed, at appellant’s request, on the elements of mutiny and found appellant guilty of one count of mutiny. In his sole enumeration of error, appellant asserts that the evidence presented against him was not sufficient to support the conviction of mutiny.

A person commits mutiny when he, while in the lawful custody of a penal institution, “assails, opposes, or resists an officer of the law or of such penal institution or a member of the guard with intent to…