Montes v. State

In Montes v. State, 262 Ga. 473, 474-475 (1) (421 S.E.2d 710) (1992), our Supreme Court concluded that the evidence failed to show that the defendant had perpetrated both an aggravated assault and a malice murder of the deceased victim. In Montes, the evidence showed that using a semi-automatic weapon, the defendant had fired a number of shots that had struck several victims. One of the victims had been struck by three bullets; defendant was convicted of malice murder for the infliction of the fatal wound, and for aggravated assault for the infliction of the two nonfatal wounds. Id. at 474, n. 3.