Givens v. State

Birdsong, Presiding Judge.

Jeffrey Lynn Givens appeals his conviction for aggravated assault, found upon an indictment alleging that he “did unlawfully make an assault upon the person of Shawn Campbell with a knife, a deadly weapon, by stabbing the said Shawn Campbell in the side during a fight. ...” Appellant enumerates two errors below. Held:

1. Appellant contends the trial court erred in refusing his timely request to give a jury charge on the lesser included offense of battery. We find no error. The offense of battery is not necessarily a lesser included offense of aggravated assault. See…