Postell v. State

Johnson, Presiding Judge.

Timothy Postell was tried by a jury on charges of shoplifting and aggravated assault. The jury found him guilty of shoplifting but was unable to reach a verdict on the aggravated assault charge. The trial court entered a judgment of conviction as to shoplifting and declared a mistrial as to aggravated assault.

1. In two enumerations, Postell claims the trial court erred in denying his motion for directed verdict of acquittal as to aggravated assault because the state did not prove the elements of the offense beyond a reasonable doubt.

Ordinarily, neither the grant of a…