Smith v. State

Clark, Judge.

Following a conviction for aggravated assault under Criminal Code of Georgia §26-1302 for which he received the maximum sentence of 10 years appellant seeks a reversal on the ground that it was incumbent upon the trial court to include in the jury charge without request the lesser offenses of simple assault (Criminal Code of Ga. §26-1301) and simple battery (Criminal Code of Ga. § 26-1304).

Appellant was also charged with two misdemeanors, name*469ly, carrying a pistol without a license and carrying a concealed weapon. He was found guilty of possessing a pistol without a license and…