Smith v. State

Birdsong, Judge.

Appellant was indicted for the crimes of aggravated assault and obstructing an officer; he was acquitted of the aggravated assault charge. From a jury verdict of guilty as to the crime of obstructing an officer, this appeal was brought. Held:

1. Appellant contends that the verdicts were inconsistent. This contention is without merit for two reasons. First, by appellant’s own admission, the offenses for which he was indicted are comprised of factually distinct elements; an acquittal as to aggravated assault (deadly weapon required, Code Ann. § 26-1302) does not preclude a…