Eskew v. State

PHIPPS, Presiding Judge.

On April 2, 2008, six-month-old D. O. was seriously injured while in the care of his mother’s boyfriend, Michael Eskew. Eskew was indicted on two counts of aggravated battery, for allegedly: (i) having violently shaken D. O.; and (ii) having fractured the baby’s skull. Eskew testified at the trial that D. O.’s injuries occurred when he accidentally dropped the baby. He was convicted of and sentenced on both counts of aggravated battery. On appeal, he contends that the trial court erred in denying his motion for continuance; refusing to give his requested jury charge on…