Johnson v. State

Birdsong, Presiding Judge.

Kenneth Johnson appeals his conviction for aggravated assault. He contends the trial court erred by giving erroneous charges, by denying his motion for a mistrial, and by denying his request for a limiting instruction. Held:

1. Johnson’s first enumeration of error alleges “the trial court committed harmful error when it instructed the jury that the State need not prove the allegations in the indictment, but instead could alter the allegations so as to reduce the burden of proof.” Review of the charge given by the trial court shows that no such charge was given.…