Fussell v. State

Beasley, Judge.

Defendant appeals the order overruling her motion for new trial after her conviction of two counts of aggravated assault, OCGA § 16-5-21. Error is assigned on the trial court’s failure to 1) re-charge the jury on accident, 2) charge simple assault as a lesser included offense of aggravated assault, and 3) instruct the jury that defendant’s statement was admissible solely to impeach him. Defendant also contends that the evidence was insufficient to convict.

1. While recognizing the trial court’s duty to respond to the jury’s request for further instructions, Freeman v. State, 142…