DEEN, Presiding Judge.
Mark Henry Lummen was convicted of aggravated assault, mutiny in a penal institution, and criminal attempt (escape). On appeal he contends that the trial court erred in denying his motion for a directed verdict on the aggravated assault charge because that offense merged as a matter of law with mutiny in a penal institution. Held:
The evidence showed that the victim, a jailer, was jumped from the rear by the defendant and his...
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