State v. Barksdale

GEER, Judge.

Defendant David Lee Barksdale, Jr. appeals from his convictions for two counts of attempted assault with a deadly weapon on a government officer, possession of a firearm by a convicted felon, and resisting a public officer. On appeal, defendant argues that the trial court erred in denying his motion to dismiss and, in any event, erred in instructing the jury on attempted assault since attempted assault is “an offense that does not exist.”

While we hold that defendant’s motion to dismiss was properly denied and the case submitted to the jury, we agree with defendant that the court…