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KING v. WATERS

No. S04A0130.

598 S.E.2d 476 (2004)

278 Ga. 122

KING v. WATERS.

Supreme Court of Georgia.

June 28, 2004.

Attorney(s) appearing for the Case

James E. Millsaps, Covington, for appellant.

Thurbert E. Baker, Atty. Gen., Paula K. Smith, Sr. Asst. Atty. Gen., Mark A. Gilbert for appellee.

BENHAM, Justice.

King was convicted in 1998 of aggravated assault upon a peace officer and possession of a firearm during the commission of a crime. Although trial counsel requested a proper instruction on aggravated assault upon a peace officer, the trial court failed to charge the jury that King's knowledge that the victim of the assault was a peace officer was an essential element of the offense. See Bundren v. State...

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