Hooks v. State

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 convict him of a provoked assault on the victim with a deadly weapon (a knife). But the plea of guilty of the victim to the offense of affray is…