Lummen v. State

I concur because I must, considering Green v. State, 170 Ga. App. 594 (317 SE2d 609) (1984), a whole court case. Yet squeezing a greater crime into a lesser one is like trying to put a stepsister’s foot into Cinderella’s glass slipper; it does not fit.

The evidence clearly showed that defendant committed aggravated assault upon the officer, in that he assaulted him with his hands which, when used offensively against a person, are likely to and did result in serious bodily injury. OCGA § 16-5-21 (a) (2). The indictment did not charge the assault with the shoe, but only with “his hands and…