Ross v. State

Deen, Judge.

1. An assault is aggravated when made with a deadly weapon, regardless of intent. Harper v. State, 127 Ga. App. 359 (3) (193 SE2d 259); Code Ann. § 26-1302. Under conflicting evidence the jury was authorized to find that the defendant came to the home of his estranged wife, shoved his way through the back door, and shot her as she attempted to leave by the front door.

2. A ground of the motion for new trial based on newly discovered evidence contends that hospital records which were in existence but not introduced in evidence prove that the prosecutrix, Mrs. Ross, perjured herself…