Cornwell v. State

I concur fully in Divisions 1, 3, and 4 of the opinion and in the judgment of affirmance. However, I cannot agree with the majority’s overruling of Carter v. State, 162 Ga. App. 44 (2) (290 SE2d 143) (1982). The majority concludes that Carter is inconsistent with Bundren v. State, 247 Ga. 180 (2) (274 SE2d 455) (1981) which holds that, in a case involving aggravated assault upon a police officer, “the jury must be charged that knowledge is an essential element to the crime.” Bundren v. State, supra, 182. In Bundren, the trial court did not charge that knowledge was an element of the crime.…