Curtiss v. State

McMurray, Presiding Judge.

Defendant was convicted of aggravated assault upon the person of another with a certain screwdriver (a deadly weapon). Defendant’s motion for new trial was filed, heard and denied, and he appeals. Held:

The sole enumeration of error is based upon a ground of the defendant’s motion for new trial as to newly discovered and material evidence which would allegedly produce a verdict different from the conviction, an eyewitness having been allegedly found to the alleged altercation between the defendant and the victim. Defendant as movant contends this eyewitness was not…