Lemming v. State

Like Judge Blackburn, I concur in Division 2 and I join in his dissent in Division 1. Thus, I am unable to agree with the majority with respect to Division 1.34 Indeed, I am sufficiently troubled by the reasoning and result that I am compelled to write separately.

As noted by Judge Blackburn, the language of the indictment charged Lemming with committing an assault “by placing [Finley] in reasonable apprehension of immediately receiving a violent injury.” (Punctuation and emphasis omitted.) Thus, the State was required to prove that Finley was apprehensive of a violent injury. Whether the…