King v. Waters

BENHAM, Justice.

King was convicted in 1998 of aggravated assault upon a peace officer and possession of a firearm during the commission of a crime. Although trial counsel requested a proper instruction on aggravated assault upon a peace officer, the trial court failed to charge the jury that King’s knowledge that the victim of the assault was a peace officer was an essential element of the offense. See Bundren v. State, 247 Ga. 180 (2) (274 SE2d 455) (1981). Trial counsel did not object to the failure to charge, did not reserve objections to the charges, and serving as appellate counsel, did…