Hall v. State

Quillian, Chief Judge.

Tried for murder, defendant appeals his conviction of the lesser included offense of aggravated assault. Held:

1. The trial court did not err in charging on the lesser included offense of aggravated assault with a deadly weapon which had not been requested by the defendant.

Defendant contends that a charge on the lesser offense of assault with a deadly weapon was not authorized because Code Ann. § 27-2508 (Cobb, 840) provides that there can be no conviction for an assault with intent to commit a crime when the crime intended was actually committed at the time of the…