Burrell v. State

McMurray, Presiding Judge.

Defendant was indicted for two counts of aggravated assault. The evidence at trial showed that on July 5, 1986, Roger Fountain (the victim) received serious knife wounds to his arm, neck and abdomen during an affray with defendant at “D’s Tavern in Rabun County [Georgia].” The victim was unarmed. Defendant was found guilty as to the second count only and after the denial of his motion for new trial he appeals. Held:

1. First, defendant contends the trial court erred in allowing the victim to exhibit his stab wounds and resultant surgical scars to the jury after the…