Green v. State

Shulman, Presiding Judge.

Appellants were convicted of aggravated assault upon a peace officer and mutiny in a penal institution. The appeal of the third defendant can be found in Chitwood v. State, 170 Ga. App. 599 (317 SE2d 589).

1. Appellants maintain that the trial court erroneously denied their motion to dismiss the aggravated assault charge. In that pretrial motion, appellants contended that the offense of aggravated assault was precluded because it merged into the mutiny charge.

The trial court’s denial of the motion was not error. OCGA § 16-1-7 (a) permits the state to prosecute an…