Lowe v. State

Webb, Judge.

Defendant was indicted for aggravated battery, aggravated assault, and two misdemeanor pistol offenses. At the trial he insisted that since he might be subjected to imprisonment for a maximum of 10 years for aggravated assault (Code Ann. § 26-1302), or a maximum of 20 years for aggravated battery (Code Ann. § 26-1305), he was entitled to 20 peremptory challenges under Code § 59-805. The state contended, however, that since the minimum punishment prescribed by §§ 26-1302 and 26-1305 was less than 4 years, defendant was entitled to only 12 peremptory challenges under § 59-805. The…