Burns v. State

Shülman, Judge.

This is the second time this case is before this court. We reversed the first conviction based on a charge of the trial court. See Burns v. State, 135 Ga. App. 842 (219 SE2d 487), overruled Moran v. State, 139 Ga. App. 274, 276 (228 SE2d 216).

On retrial, defendant was convicted of aggravated battery. He enumerates error contending that the verdict is not supported by the evidence and is against the weight of the evidence.

1. A defense of justification in that he was in fear of his life was raised by the defendant, but contradicted by the state’s evidence. The alleged impeachment…