State v. Seignious

Beasley, Judge.

Seignious was charged with simple assault, OCGA § 16-5-20, and criminal trespass, OCGA § 16-7-21 (b) (2), stemming from an incident aboard a public school bus.

At the close of the State’s evidence, the court denied defendant’s motion for directed verdict on both counts. At the close of the defendant’s evidence, the court volunteered that in its opinion, there was a fatal variance between the allegata and probata on the criminal trespass charge and that if the jury returned a verdict of guilty, the court would either “set that judgment aside” or “grant a motion for new trial…