Cater v. State

Beasley, Judge.

Cater was indicted for and convicted by a jury of the offense of aggravated assault. He appeals from the denial of his motion for new trial. We affirm.

Appellant’s sole enumeration of error is the assertion that the trial court committed reversible error in its charge to the jury on simple battery by stating that it was a misdemeanor.

Appellant was charged with making an assault with intent to rape (OCGA § 16-5-21 (a) (1)). Pursuant to defense request, the court also charged the jury on the statutory elements of the offense of simple battery, (OCGA § 16-5-23) and added, “[T]his…