Kimbrel v. State

Birdsong, Judge.

The appellants were jointly tried and convicted of aggravated assault. Their appeals challenge the trial court’s failure to charge the lesser included offense of simple battery notwithstanding their written requests. Held:

The evidence showed that at 2:00 a. m. on a Monday morning, appellant Kimbrel and appellant Spivey entered the residence of the victim by kicking down the front door. The victim, Jerry Landers, was attacked by Kimbrel and struck in the head with a blunt object. Both appellants then began beating and stomping him. Landers saw a third man standing near the…