Ware v. State

Banke, Judge.

The defendant was indicted for aggravated assault and convicted of simple battery. The charge arose out of his refusal to heed the directions of a Georgia Power Company employee who was directing traffic away from a street where excavation work was being done. Following an argument, the defendant allegedly hit the victim with his van. The defendant appeals from the denial of his motion for new trial. Held:

1. The defendant contends that he was denied a fair trial due to the state’s failure to disclose, in response to his Brady motion, the fact that the victim had previously…