Phillips v. State

McMurray, Presiding Judge.

Defendant was indicted for burglary occurring November 28, 1979 (Count 1), and for aggravated assault “upon the person of... a Deputy with the Richmond County Sheriffs Department, with a certain shotgun, a deadly weapon,” occurring on November 29,1979 (Count 2). The defendant filed a plea in bar and in the alternative a motion to sever the offenses, setting forth as found by the trial court, that he was first indicted for the offense of aggravated assault and upon the trial thereof the jury was unable to reach a verdict and a mistrial was declared. Subsequently, the…