Balduf v. State

Birdsong, Judge.

Appellant was tried for aggravated assault. The evidence presented at trial showed that while appellant was visiting in his girl friend’s home the victim arrived and a “scuffle” ensued. Appellant fired a revolver, causing the victim to back away, at which time appellant fired again and wounded him. He appeals from the jury’s verdict of guilty, enumerating as error the trial court’s overruling of his motion for new trial “without allowing evidence to be presented to prove the case.” Held:

At the hearing on the motion for new trial, appellant represented himself. Appellant…