SIMMONS v. STATE

52281.

139 Ga. App. 180 (1976)

228 S.E.2d 185

SIMMONS v. THE STATE.

Court of Appeals of Georgia.

Decided June 29, 1976.


Attorney(s) appearing for the Case

Carroll L. Cowart, for appellant.

John W. Underwood, District Attorney, Dupont Cheney, Assistant District Attorney, Arthur K. Bolton, Attorney General, James L. Mackay, Staff Assistant Attorney General, for appellee.


WEBB, Judge.

Eddie Simmons was found guilty of aggravated assault by stabbing a fellow inmate during a dormitory riot at Georgia State Prison and was sentenced to eight years to run consecutive to the life sentence he was already serving. His motion for new trial was denied and he appeals.

1. The first enumeration of error argues that a new trial should have been granted because the verdict was against the weight of the evidence. The test on review of the...

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