Emerson v. State

Judge Harold R. Banke.

John Alan Emerson was indicted on a charge of aggravated assault, but convicted on the lesser offense of misdemeanor battery. He enumerates five errors, most of which challenge the jury instructions trial counsel requested or failed to request.

The State’s evidence at trial revealed that this case arose after the victim, Emerson’s supervisor at Delta Airlines, instructed Emerson to leave the break area and get back to work. Another employee informed the victim that after receiving this instruction Emerson had thrown his coffee all over the break area. The victim then…