Harwell v. State

I concur as to Divisions 1 and 2 of the majority opinion, but dissent with regard to Division 3 because I cannot go along with the majority’s holding that the trial court’s unauthorized jury charge could not have reasonably caused the jury to convict defendant of *159committing aggravated assault in a manner not alleged in the indictment, i.e., with an offensive weapon rather than with intent to rob.

In addition to instructing the jury as to aggravated assault with intent to rob as charged in the indictment, the trial court charged that aggravated assault is committed when a person commits an…