Mason v. State

Shulman, Judge.

This appeal follows appellant’s conviction for aggravated assault. We reverse the judgment.

1. By way of summation, the court instructed the jury that a finding of guilty of aggravated assault as charged would be authorized if the jury believed beyond a reasonable doubt that the accused unlawfully and without justification assaulted the person in the indictment. Appellant, citing Young v. State, 125 Ga. 584 (5) (54 SE 82), asserts that this summation improperly withdrew from jury consideration the issue of whether the assault was committed with a deadly weapon. We disagree.

The…