Stephens v. State

Beasley, Judge.

Defendant appeals his conviction of aggravated assault. OCGA § 16-5-21.

1. Defendant was also charged with armed robbery and entering an automobile with intent to commit a theft but was acquitted. Because all the charges arose out of the same incident, defendant contends the evidence was insufficient in that his acquittal on two of the charges prevents his conviction on the aggravated assault charge.

Milam v. State, 255 Ga. 560, 562 (2) (341 SE2d 216) (1986), abolished the inconsistent verdict rule in criminal cases. Thus, the sole question is whether the evidence was sufficient…