State v. Hightower

252 Ga. 220 (1984)

312 S.E.2d 610

THE STATE

v.

HIGHTOWER.

40048.

Supreme Court of Georgia.

Decided February 29, 1984.

H. Jeff Lanier, Assistant District Attorney, for appellant.

Henry G. Bozeman, for appellee.

SMITH, Justice.

Johnny Hightower, Jr. was indicted, tried and convicted of armed robbery by use of a knife. Hightower claimed that he committed only a simple assault and battery upon the victim, Walter Duddy (the proprietor of a liquor store), while unbeknownst to him, an accomplice emptied the cash register. Hightower filed written requests for charges on the crimes of aggravated assault, simple…