Davis v. State

Beasley, Chief Judge.

After a jury trial, Davis was convicted of aggravated assault, OCGA § 16-5-21 (a) (2), and giving a false statement to a police officer, OCGA § 16-10-20. He contends the court erred in denying his motion for new trial based upon newly discovered evidence. OCGA § 5-5-23.

At trial it was shown that Davis was driving a car with Chandler seated in front as the only passenger. On a multi-lane road, Davis moved from the left lane to the far right. Shortly thereafter Chandler threw a 20-ounce plastic bottle partly filled with liquid at a pedestrian, striking him in the face and…