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Hogan v. State

The defendant could not complain that the trial court gave his requested instruction on simple assault.

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A jury found Charles Hogan guilty of aggravated assault. On appeal, Hogan argues the trial court improperly charged the jury on aggravated assault. He also contends the indictment charging him with aggravated assault was fatally flawed because it did not allege that he engaged in unlawful conduct. Finally, Hogan claims he was denied effective counsel at trial. Finding no error, we affirm. Construed to support the verdict,1 the evidence shows that on September 11, 1999, Christopher Wright and eight of his friends traveled to Athens to a football game. The group, which parked near the stadium, was “tailgating” when Hogan approached them.

Wright perceived that Hogan was considerably intoxicated. Wright testified that he and his group repeatedly asked Hogan to leave when Hogan became belligerent, started using profanity, and began threatening members of the group. Hogan then pulled a box cutter and chased Wright across the road, swinging the box cutter at him. Wright testified that he was afraid Hogan would cut him. Eventually, a bystander threw a rock at Hogan, striking him in the head and rendering him unconscious. Wright then took the box cutter from Hogan, and the police arrived at the scene. Hogan was subsequently indicted for aggravated assault.

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