Chase v. State

Chase v. State 277 Ga. 636 (592 SE2d 656) (2004) involved an erroneous jury charge concerning simple assault under OCGA 16-5-20 (a) (1), which provides that a person commits simple assault when he attempts to commit "a violent injury" to the victim. In that case, the jury charge at issue omitted the word "violent." Id. at 639 (2). The defendant's conviction could not stand where the jury was not instructed as to an essential element of the crime, that is, that the defendant had to have attempted to commit a violent injury on the victim. Id. at 640 (2).