Motes v. State , 192 Ga. App. 302 ( 1989 )

Beasley, Judge,

concurring specially.

I concur fully in all divisions except Division 2, in which I concur in the holding. The misdemeanor offense which was involved as a lesser-included offense in this case was reckless conduct, OCGA § 16-5-60 (b), and not pointing a pistol at another, OCGA § 16-11-102. The court charged the jury that it could consider the reckless conduct, reciting the elements. It did not charge the jury concerning pointing a pistol. The evidence does support a finding of reckless conduct beyond a reasonable doubt.

Decided July 13, 1989. Cowart & Varner, Edwin S. Varner, Jr., Keith H. Salmon, for appellant. Edward D. Lukemire, District Attorney, George R. Christian, Assistant District Attorney, for appellee.