Tyner v. State

Banke, Presiding Judge.

The appellant was convicted of aggravated assault and possession of a firearm by a convicted felon. He appeals from the denial of his motion for new trial. Held:

1. The victim of the assault did not testify at the trial, and the appellant contends that the following testimony by the investigating officer regarding what the alleged victim had told him should have been excluded as hearsay: Q: “As a result of [the shooting at Frank’s Supper Club] did you take any action? . . .” A: “Yes sir. . . . [W]e arrived at Frank’s place . . . and we was questioning some witnesses in…