Bowers v. State

Carley, Judge.

Appellant was tried before a jury on an indictment which alleged that he had committed an aggravated assault, in that he “did unlawfully assault [the victim] with a deadly weapon, a gun, by shooting him. . . .” He was found guilty and appeals from the judgment of conviction and sentence entered on the guilty verdict. The sole enumeration of error is an assertion that the trial court erroneously refused to give a requested instruction on the misdemeanor offense of “reckless conduct,” OCGA § 16-5-60, as a possible alternative to aggravated assault as the crime for which appellant…