Cornwell v. State

Banke, Presiding Judge.

The appellant was charged with two counts of aggravated assault upon a police officer. See OCGA § 16-5-21 (c). He was found guilty as charged on Count 1 but convicted of reckless conduct as a lesser included offense on Count 2. See OCGA § 16-5-60 (b). He brings this appeal from the denial of his motion for new trial. Held:

1. The appellant contends that he was entitled to a directed verdict of acquittal on both counts due to the state’s failure to prove that either of the two alleged victims were officially certified as peace officers under the Georgia Peace Officers…