Bundren v. State

Banke, Judge.

The appellant was convicted of aggravated assault upon a police officer engaged in the performance of his official duties (see Code Ann. § 26-1302), based on evidence that he shot at a state patrol officer from a speeding vehicle. We affirmed in Bundren v. State, 155 Ga. App. 265 (270 SE2d 807) (1980); however, the Supreme Court reversed on certiorari, holding that the trial court had erred in failing to instruct the jury that in order to be convicted of the offense as charged, the appellant must have acted with knowledge that the person he assaulted was a police officer engaged…