Nelson v. State

Judge Harold R. Banke.

A Muscogee County grand jury indicted Bobby Lee Nelson on charges of aggravated assault (OCGA § 16-5-21 (a) (1)), burglary (OCGA § 16-7-1), and attempted rape (OCGA §§ 16-6-1; 16-4-1). A trial jury convicted him of aggravated assault and criminal trespass (OCGA § 16-7-21) as a lesser included offense of burglary, but acquitted him of attempted rape. He appeals from the trial court’s judgment sentencing him to seven years in prison and four on probation. Held:

1. In two enumerations of error, Nelson attacks on the general grounds his conviction for aggravated assault. In…