Avery v. State

Eldridge, Judge.

Quinton Avery was convicted by a jury of the offenses of aggravated assault, violation of OCGA § 16-11-106, and armed robbery. Avery appeals from the denial of his motion for new trial. Without challenging the sufficiency of the evidence, Avery raises four enumerations of error.

At trial, the evidence showed the following. On March 22, 1995, Elijah Lofton was visiting relatives in Bowen Homes. Lofton left his relatives’ home between 10:30 and 11:00 p.m. As he was walking to his car, Lofton was approached by Avery and Spencer Compton Fluellen (“Compton”). Lofton testified that…