Grant v. State

Deen, Presiding Judge.

Grant’s appeal from a conviction of aggravated assault was dismissed in Grant v. State, 139 Ga. App. 793 (229 SE2d 674) (1976) for failure to perfect his appeal by filing brief and enumerations of error. At that time the appellant, although offered counsel, had refused aid in the trial of his case. A subsequent habeas corpus proceeding brought an order granting a second out-of-time appeal from the conviction.

1. An examination of the transcript of evidence taken on the trial reveals that the conflicting testimony of the defendant and the arresting officer presented a jury…