Miller v. State

McMurray, Presiding Judge.

Defendant was found guilty by a jury of aggravated assault (Count 1) and battery (Count 2). He appeals from the judgment of conviction and enumerates as error the trial court’s: (1) failure to declare a mistrial after the State injected extrinsic evidence of bad character; (2) failure to declare a mistrial after an allegedly burden-shifting closing argument by the State’s attorney; and (3) failure to charge the jury on battery under OCGA § 16-5-23.1, as alleged in the indictment. Held:

1. Defendant contends that the trial court should have declared a mistrial arguing…