Tolbert v. State

Smith, Judge.

Robert Tolbert, Jr. and Demetrius A. Phillips were jointly indicted and tried on four counts of aggravated assault with a deadly weapon. Each was convicted on one count and acquitted on the other three. Each filed a motion for new trial, and each such motion was denied. Their appeals will be considered together.

1. In Phillips’s sole enumeration of error, he contends the trial court erred in refusing to give his requested charge on reckless con*114duct. The aggravated assault for which Phillips and Tolbert were convicted resulted in the shooting of the assault victim. Under such…