State v. Howland

OPINION

JACKSON, Judge:

James F. Howland appeals his jury conviction for attempted aggravated assault. He raises several points of error, but the dispositive issue is whether the court preju-dicially erred in giving a flight instruction to the jury. We reverse and remand for a new trial.

On July 6, 1986, Elliston, the night manager at a McDonald’s Restaurant, discovered Howland hiding behind a garbage dumpster in a partially enclosed area at the rear of the restaurant. The manager asked appellant to leave and he refused. As they left the dumpster area, they engaged in a verbal exchange. Elliston…