JOHNSON v. STATE

50733.

135 Ga. App. 360 (1975)

217 S.E.2d 618

JOHNSON v. THE STATE.

Court of Appeals of Georgia.

Decided June 18, 1975.


Attorney(s) appearing for the Case

Ham, Mills & Freeman, W. Franklin Freeman, Jr., for appellant.

Edward E. McGarity, District Attorney, Kenneth R. Waldrep, Assistant District Attorney, for appellee.


EVANS, Judge.

Defendant was convicted of an affray and sentenced to serve twelve months. Motion for new trial was denied, and defendant appeals. Held:

1. A state witness, who was jointly indicted with defendant, testified that the defendant was the aggressor; that a fight resulted when defendant struck this witness (Kelley) with a cue stick in a poolroom. The defendant testified he never "fighted"; that Kelley was the aggressor and struck defendant...

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