The Georgia Court of Appeals has upheld a conviction for aggravated assault, despite the defendant’s claims that his trial attorney neglected to request a proper jury charge or move for a mistrial based on the prosecutor’s closing statement.

Barry Mullins was indicted on counts of aggravated assault, family violence battery, and cruelty to children in the third degree after assaulting his then girlfriend with a knife.  The victim’s minor daughter witnessed the stabbing, and the victim gave a statement to police officers following the incident, according the Court of Appeals’ June 8 opinion.

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