Albury v. State

FULMER, Chief Judge.

John Albury was charged with attempted burglary, four counts of assault, and resisting an officer without violence. He was convicted after a jury trial of two counts of assault and resisting without violence. He was acquitted of the other counts. On appeal, Albury asserts error in the trial court’s denial of his request for a special jury instruction and the denial of his motion for new trial. Because both issues pertain only to the resisting conviction, we affirm the two assault convictions. We reverse the resisting conviction for a new trial because we agree that the…