Elrod v. State

Ruffin, Judge.

Following a jury trial, Matthew Shane Elrod was convicted of aggravated assault and possession of a firearm during the commis sion of a crime. Elrod contends his trial counsel was ineffective, the evidence was insufficient to support the verdicts, and the trial court erred in giving or refusing to give certain jury charges. Because the trial court gave an erroneous and harmful recharge, we reverse.

Viewed in the light most favorable to support the verdicts, the evidence reveals that during the afternoon of September 24, 1996, Walker County Sheriff’s deputies responded to a…