Howard v. State

Banke, Judge.

This appeal is from defendant’s conviction of aggravated assault upon a police officer in the performance of his official duties. Code Ann. § 26-1302. The indictment alleged that the defendant struck the officer "with a deadly weapon, to wit: a certain 'night stick’ used in a manner capable of causing death or great bodily injury . . .” The sole enumeration of error concerns the trial court’s failure, upon timely written request to charge "that a 'night stick’ used in the act of striking a person does not constitute a deadly weapon per se, but may or may not be a deadly weapon…