Simmons v. State

Cooper, Judge.

Appellant was convicted of aggravated assault and appeals from the entry of judgment on the conviction and sentence and the denial of his motion for new trial. In his sole enumeration of error, appellant contends the trial court’s charge on aggravated assault authorized the jury to find him guilty of aggravated assault by a method other than the method specifically alleged in the indictment.

OCGA § 16-5-21 (a) “authorizes conviction for aggravated assault ‘upon proof of one or more of several modes of assault, i.e., with a deadly weapon, or with intent to commit murder, rape, or…