Johnson v. State

Jordan, Presiding Judge.

This is an appeal from a judgment of conviction and sentence for simple assault.

1. A person commits a simple assault when he commits an act which places another in reasonable apprehension of immediately receiving a violent injury. Code Ann. § 26-1301 (Ga. L. 1968, pp. 1249, 1280). The alleged victim testified that the accused "walked by and took me by the arm, asked me to go outside, he wanted to talk to me.” Continuing, he testified, "He asked me if I didn’t believe he’d kill me if I didn’t stay away from his daughter, and he took the pistol out of his pocket and a…