Gainey v. State

Birdsong, Chief Judge.

Marvin Gainey, the appellant, was indicted for carrying a weapon at a public gathering, possession of a sawed-off shotgun, and aggravated assault. The jury returned a verdict of guilty only as to carrying a weapon at a public gathering and aggravated assault.

The State introduced evidence to show that on the evening of January 24,1987, in a restaurant and bar, known as Melvin’s Place, in Bibb County, Gainey was seen walking in the front door with a gun. Donald Willis, who worked there, testified that Gainey had a “sawed-off shotgun [at] his side” and he grabbed Gainey…