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Following a physical altercation at a local sports bar, the State charged Shawn Harlacher, via indictment, with one count of criminal attempt to commit aggravated assault with a deadly weapon. Harlacher filed a motion for a general demurrer, arguing that it is impossible to attempt to commit an aggravated assault, and thus, the indictment failed to allege any criminal offense under the laws of the State of Georgia. The trial court granted Harlacher’s demurrer, and the State now appeals. For the reasons set forth infra, we affirm.

The record, as alleged by the State, shows that on August 24, 2014, Harlacher and the victim were patronizing a local sports pub when they became involved in a verbal altercation, which then escalated into a physical fight. By all accounts, during the fight, the victim broke Harlacher’s nose, and when the fight was over, the victim turned to go back into the pub. As the victim walked away, Harlacher drew a handgun and pointed it at the victim’s head but did not fire. The victim never saw Harlacher’s gun, continued walking away, and the incident ended without any further violence.

 
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