Knight v. State

In Knight v. State, 190 Ga. App. 87, 88 (2) (378 S.E.2d 373) (1989),Knight stabbed the victim "a dozen or so" times and seriously and permanently scarred her throat and breast. He was convicted of aggravated assault by assaulting the victim with a knife and of aggravated battery by causing bodily harm and disfigurement to the victim. The Court held that the aggravated assault was not included as a matter of fact in the aggravated battery, because the evidence did not demonstrate that "the aggravated assault and the aggravated battery were based on the 'same conduct' within the contemplation of O.C.G.A. 16-1-7, with the result that the separate convictions for these offenses may stand." Id.