GA 16-5-60 - GA 16-5-60

Jury Instructions Reckless conduct charge not warranted when firing of gun was not negligent. - Defendant's battery conviction under O.C.G.A. § 16-5-23.1(b) was supported by evidence that the defendant struck the victim in the eye with the defendant's hand, causing the eye to swell. A charge on the lesser included offense of reckless conduct under O.C.G.A. § 16-5-60(b) was not warranted because there was no evidence that the defendant fired a gun negligently; the only evidence was that the defendant fired several shots at the victim. Tiller v. State, 314 Ga. App. 472 , 724 S.E.2d 397 (2012). Reckless conduct as lesser included offense of aggravated assault. - Refusal to give a requested charge on reckless conduct, as a lesser included offense of aggravated assault, was not error where defe...