Smith v. State

Bernes, Judge.

Following a jury trial, Donald Frank Smith was convicted of aggravated assault on a peace officer, obstruction of a law enforcement officer, possession of a firearm during commission of a felony, boarding a bus with a concealed weapon, and giving false information to a law enforcement officer. Smith appeals, claiming that the trial court erred (i) in failing to properly address the jury’s stated confusion as to the elements of aggravated assault and (ii) in failing to correctly instruct the jury on the requirement that they find beyond a reasonable doubt that the handgun was…