Jones v. State

Sognier, Chief Judge.

Rudolph Jones was convicted of burglary, aggravated assault with intent to rob, possession of a firearm during the commission of a crime, and attempting to elude a police officer. He appeals.

Appellant’s sole enumeration is that there was a fatal variance between the allegata and the probata as to the aggravated assault charge. He contends his conviction on that count must be reversed because the indictment charged him with committing aggravated assault with intent to rob (OCGA § 16-5-21 (a) (1)), but the State’s evidence failed to prove that intent, instead establishing…