DAVIS v. STATE

51873.

138 Ga. App. 317 (1976)

226 S.E.2d 101

DAVIS v. THE STATE.

Court of Appeals of Georgia.

Decided March 18, 1976.

Rehearing Denied April 1, 1976.


Attorney(s) appearing for the Case

Altman, Williamson, McGraw & Loftiss, Harry J. Altman, II, for appellant.

H. Lamar Cole, District Attorney, for appellee.


QUILLIAN, Judge.

Appeal in this case was taken from the defendant's conviction of aggravated assault. The charge arose out of an incident in which the defendant discharged his gun, a deadly weapon in the direction of a police officer. Held:

1. The defendant's sworn testimony was to the effect that the weapon discharged when his wife reached for the gun. He related "she had her hands on it and I took it away from her, that is when it went off." In response...

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