Henderson v. State

Johnson, Judge.

Frank Henderson (Henderson) appeals from his conviction for aggravated assault and the denial of his motion for a new trial.

Henderson and Reynardo Torres (Torres) had a fight in an Atlanta nightclub and were told to leave by the management. Torres and a companion testified that as they were leaving the club, Henderson fired a pistol at them several times. Torres thought Henderson’s gun was out of bullets, so he approached Henderson to take the gun away. Henderson then fired one more shot hitting Torres in the neck and paralyzing him from the chest down.

Henderson presented…