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Elrod v. State1/29/2004
ggravated assault on a peace officer.
"[K]nowledge is an essential element to the offense of the aggravated assault of a [peace] officer ... [and] the jury must be charged that knowledge is an essential element to the crime." [FN10] Although the trial court did instruct the jury on the definition of aggravated assault on a peace officer, the court did not instruct the jury that an essential element of the offense is that the accused knew that the alleged victim was a peace officer. [FN11] The trial court's failure to instruct **882 the jury as to this element, even absent request, was error. [FN12] On retrial, when instructing the jury on the offense of aggravated assault on a peace officer, the court should instruct the jury that an essential element of the offense is that the accused knew that the alleged victim was a peace officer.
FN10. Bundren v. State, 247 Ga. 180, 181-182(2), 274 S.E.2d 455
(1981).
FN11. See Suggested Pattern Jury Instructions, Vol. II: Criminal Cases, p. 82 (3rd ed.2003).
FN12. Sosebee v. State, 169 Ga.App. 370, 372(6), 312 S.E.2d 853 (1983).
3. Elrod does not challenge his convictions for interference with government property, driving under the influence, failure to maintain lane, reckless driving, attempting to elude a police officer, driving without a valid license or speeding. Those convictions are therefore affirmed.
Judgment affirmed in part and reversed in part.
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