Johnson v. State

Marshall, Judge.

Bobby Johnson appeals his conviction of aggravated battery. He raises two enumerations of error. One complains that he was denied representation by counsel of his own choosing. The other asserts the trial court failed to charge the jury on the lesser offense of simple bat tery. Held:

1. In relation to the first enumeration of error, the record discloses that following his indictment, Johnson was granted a preliminary hearing. At that hearing, Johnson was represented by a court-appointed attorney who cross examined the witnesses and began preparation of the defendant’s case. He…