POWELL v. STATE

52922.

140 Ga. App. 36 (1976)

230 S.E.2d 90

POWELL v. THE STATE.

Court of Appeals of Georgia.

Decided October 19, 1976.


Attorney(s) appearing for the Case

Fred L. Belcher, for appellant.

Vickers Neugent, District Attorney, Terry R. Barnick, Assistant District Attorney, for appellee.


WEBB, Judge.

Henry David Powell was indicted and convicted of the offense of aggravated assault upon "Jesse Lewis Hamilton with a certain knife, a deadly weapon," for which he received a sentence of five years in the penitentiary. He enumerates as error on his appeal (1) the admission into evidence of the knife allegedly used in the assault, contending that it was not positively identified; (2) the failure of the trial court to charge the jury that the state must...

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