Banks v. State

Quillian, Presiding Judge.

Defendant appeals his conviction of aggravated assault on a police officer in violation of OCGA § 16-5-21 (Code Ann. § 26-1302). Held:

1. Defendant was indicted for kidnapping his wife (count 1), and three counts of aggravated assault by striking with a ceramic statue. The wife was the alleged victim of count 2, a Mrs. Benton the victim of count 3, and the police officer the victim of count 4. The jury’s verdict acquitted defendant of the kidnapping and assault on the wife and found him guilty but mentally ill of the lesser offense of simple assault on Mrs. Benton,…