Brown v. State

Birdsong, Presiding Judge.

Jimmy Brown was convicted of the offense of aggravated assault (OCGA § 16-5-21) in that he did “unlawfully make an assault upon the person of Keith Crites, with a deadly weapon, to wit: shotgun.” Appellant Brown appeals his conviction of this offense and the sentence.

Appellant fired a loaded shotgun into the rear of a passing tractor-trailer carrying kaolin ore. The truck driver testified that he observed appellant pointing the shotgun straight at him and his truck about ten to fifteen feet from the truck window; he leaned over in his seat and accelerated the…