Head v. State

I concur in Division 1 but not in Division 2 in that there was not a merger of the aggravated assault charge with the robbery charge.

With respect to the crime wholly against the person, the indictment alleged that defendant “knowingly, willfully and intentionally” assaulted the victim “with a certain flashlight, same being a deadly weapon, in the manner then and there used. . . .” OCGA § 16-5-21 (a) (2). It was not alleged that he assaulted “with intent... to rob,” as prohibited by subsection (1).

*211Robbery is a crime which violates “the social interest in the safety and security of the person…