Cannon v. State

Appellant appeals his conviction for aggravated assault following a jury trial. Held: 1. In the first enumeration of error, appellant asserts that the evidence presented at trial was insufficient as a matter of law to find him guilty of aggravated assault. OCGA § 16-5-20 (a) defines the crime of assault as when a person ""either (1) [a]ttempts to commit a violent injury to the person of another; or (2) [c]ommits and act which places another in reasonable apprehension of immediately receiving a violent injury."" Further, OCGA § 16-5-21 (a) (2) defines aggravated assault as an ""assault . . . (2) [w]ith a deadly weapon or with any object, device, or instrument which, when used offensively against a person, is likely to or actually does result in serious bodily injury . . .""