Legal Opinion

Swain v. State

Court of Appeals of Georgia

Decided June 28, 2004No. A04A0385PublishedCited by 8 opinions

1Opinion of the Court

Barnes, Judge.

Following a jury trial, Mark Swain was found guilty of aggravated assault and sentenced to 20 years. Swain represented himself at trial. He now appeals the denial of his new trial motion, 1 contending that the trial court erred in admitting lay testimony regarding blood splatters and that he was not served with notice of aggravation. Because we find the evidence of guilt overwhelming, and any error harmless, we affirm Swain’s conviction.

We view the evidence on appeal in the light most favorable to the verdict, and no longer presume the defendant is innocent. We do not weigh the…

2Cases cited11 opinions

  1. Mullins v. StateSupreme Court of Georgia · 1999
  2. Taylor v. StateCourt of Appeals of Georgia · 1997
  3. Hatcher v. StateCourt of Appeals of Georgia · 1997
  4. Kegler v. StateSupreme Court of Georgia · 1996
  5. Aldalassi v. DrummondCourt of Appeals of Georgia · 1996

6 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. Cawthon v. StateCourt of Appeals of Georgia · 2019
  2. Gregory v. StateCourt of Appeals of Georgia · 2006
  3. Jowers v. StateCourt of Appeals of Georgia · 2005
  4. Winfrey v. StateCourt of Appeals of Georgia · 2007
  5. BATTISE v. StateCourt of Appeals of Georgia · 2009

3 more not listed; retrieve them via the Exa API.

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