GA 16-5-24 - GA 16-5-24

Jury Instructions Charging on lesser included offense. - When the same facts were used to support aggravated assault and aggravated battery charges, the trial court erred in sentencing defendant on the aggravated assault count, the lesser included offense. Riden v. State, 226 Ga. App. 245 , 486 S.E.2d 198 (1997). Trial court did not err in refusing to give defendant's requested charge on reckless conduct, where defendant's own testimony showed that defendant committed a culpable act with criminal intent when defendant threw gasoline on the victim and tossed a lighted match toward the victim. McClain v. State, 232 Ga. App. 282 , 502 S.E.2d 266 (1998). Trial court gave the jury the option to find the defendant guilty of the lesser included offense of misdemeanor battery or of felony aggravat...