Wilkerson v. State

Appellant Steve Allan Wilkerson and his brother, David Wayne Wilkerson, were indicted separately, but tried jointly, on one count of aggravated assault each. Evidence adduced at trial showed that the Wilkerson brothers approached the victim in a convenience store parking lot. They correctly suspected the victim was romantically involved with David Wilkerson’s wife. After a heated verbal exchange, Steve Wilkerson produced a knife and threatened to cut the victim’s throat. The victim withdrew to his truck. Steve Wilkerson then retrieved a tire iron from his vehicle and tossed it to David Wilkerson, who threw it through the driver’s side window of the victim’s truck, hitting the victim in the head. The victim sustained a small cut.

The jury returned guilty verdicts for both defendants, and their motions for new trial were denied. Steve Wilkerson appeals. In his sole enumeration of error, Wilkerson urges reversal of his conviction based on the trial court’s refusal to charge the jury that conviction of one defendant does not necessarily require conviction of the other. Held: