PARKER v. STATE

51478.

137 Ga. App. 6 (1975)

223 S.E.2d 6

PARKER v. THE STATE.

Court of Appeals of Georgia.

Decided November 17, 1975.

Rehearing Denied December 5, 1975.


Attorney(s) appearing for the Case

Merritt & Pruitt, Glyndon C. Pruitt, for appellant.

Bryant Huff, District Attorney, Robert A. Barnaby, II, Assistant District Attorney, for appellee.


EVANS, Judge.

Defendant was indicted and tried for aggravated assault. He was convicted of simple battery and sentenced to serve 12 months. Motion for new trial was denied. Defendant appeals. Held:

1. An altercation occurred between the victim and the defendant. The defendant admittedly hit the victim with a tire tool but offered testimony to the effect that he did so under the fears of a reasonable man especially as the victim had his hand in his pocket...

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