HOOKS v. STATE

52071.

138 Ga. App. 539 (1976)

226 S.E.2d 765

HOOKS v. THE STATE.

Court of Appeals of Georgia.

Decided April 21, 1976.

Rehearing Denied May 6, 1976.


Attorney(s) appearing for the Case

Durden, Durden & Allen, Rodney L. Allen, for appellant.

William S. Lee, District Attorney, Loring A. Gray, Jr., Assistant District Attorney, for appellee.


EVANS, Judge.

Defendant was indicted and tried for the offense of aggravated assault. A mistrial resulted when the jurors could not reach a verdict. On his next trial he was convicted and sentenced to 10 years. Defendant appeals. Held:

1. Defendant's first contention is that he had an affray with another in a restaurant and since the "victim" of the alleged aggravated assault had plead guilty to the offense of affray, the evidence was insufficient to...

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