SMITH v. STATE

58018.

151 Ga. App. 818 (1979)

261 S.E.2d 721

SMITH v. THE STATE.

Court of Appeals of Georgia.

Decided October 1, 1979.

Rehearing Denied October 18, 1979.


Attorney(s) appearing for the Case

Ben B. Philips, for appellant.

William J. Smith, District Attorney, Richard C. Hagler, for appellee.


SMITH, Judge.

We affirm appellant's conviction of two counts of aggravated assault.

1. The general grounds are without merit. Both victims positively identified appellant as the perpetrator.

2. The failure, without request, to deliver a charge on alibi was not error. The evidence established that the crime occurred in the woods of Flatrock Park in Muscogee County. The testimony appellant asserts as supportive of an alibi defense was his testimony showing...

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