Jones v. State

Carley, Presiding Judge.

Appellant was indicted for the commission of an aggravated assault “by cutting and stabbing [the victim] with a knife. . . .” He was tried before a jury and found guilty. He appeals from the judgment of conviction and sentence entered by the trial court on the jury’s guilty verdict.

Appellant enumerates as error only the refusal to give his written request to charge on simple battery as a lesser included offense.

“The [S]tate or the accused may . . . request [the trial court] to charge on lesser crimes that are included in those set forth in the indictment or accusation,…