Thomas v. State

ON REHEARING

Appellant, Thomas, was charged with and tried for, in Count I, possession of a firearm while committing a felony (aggravated assault) and, in Count II, aggravated assault.

He was found guilty by jury verdict of the offense charged in Count I but as to Count II he was convicted of the lesser included offense of simple assault.

On appeal, Thomas presents the rather logical argument that since he was convicted of simple assault (a misdemeanor) he was necessarily acquitted of the felony charge, and thus, he could not at the same time be convicted of possession of a firearm while…