State v. Bolman

Johnson, Judge.

Therill Luel Bolman was charged with aggravated assault as follows: “The grand jurors . . . charge and accuse Therill Luel Bolman . . . with the offense of aggravated assault ... [in that he] did unlawfully make an assault upon the person of another, to wit: Henry Wade Alexander, with a deadly weapon, to wit: a certain knife.” Relying on Smith v. Hardrick, 266 Ga. 54 (464 SE2d 198) (1995), the trial court dismissed the indictment. Pursuant to OCGA § 5-7-1 (a) (1), the state appeals that ruling.

“[A] criminal indictment which does not recite language from the Code must allege…