GA 16-5-21 - GA 16-5-21

Jury Instructions Charge including element not alleged in indictment. - Even though a jury charge included reference to the intent to rob, which element was not contained in the indictment, defendant was not denied a fair trial since the jury was given a copy of the indictment, and there was no reasonable possibility that the jury did not believe defendant committed aggravated assault in the manner alleged in the indictment. Green v. State, 221 Ga. App. 694 , 472 S.E.2d 457 (1996). Charging the jury on two alternative methods of committing aggravated assault, while the indictment charged only that aggravated assault was committed because the assault was with "intent to rob," was not reversible error because there was no reasonable possibility that the jury would have convicted defendant of...