Waters v. State

Eldridge, Judge.

Appellant was tried before a Gordon County jury on a four count indictment for the offenses of aggravated assault, first degree criminal damage to property, and two counts of DUI. The jury found appellant guilty of the lesser included offense of simple assault; appellant was found guilty as charged under the remaining counts. The evidence revealed that appellant and the victim were legally separated and in the process of obtaining a divorce. On the evening in question, appellant, who has an alcohol problem, drank 12 beers between 5:00 p.m. and 11:00 p.m.; he then decided to…