Heaton v. State

Blackburn, Judge.

Following a trial by jury, the appellant, Charles Edward Heaton, was convicted of two counts of aggravated assault and one count of terroristic threats. This appeal followed.

1. In his first three enumerations, which he argues collectively, Heaton contends that the trial court erred in denying his motions for a directed verdict and a new trial on the terroristic threats charge because of a fatal variance between the allegata and probata. Specifically, he maintains that there is no evidence that he threatened to assault Barbara Mitchell with a gun. Heaton asserts that the…