Kelly v. State

Banke, Judge.

The defendant was indicted for one count of murder and one count of aggravated assault. He was found not guilty of murder but convicted of aggravated assault. He appeals the denial of his motion for new trial. Held:

1. There was ample evidence to support the verdict. The defendant’s contention that the verdict was contrary to the weight of the evidence is without merit. The appellate courts consider only the sufficiency, not the weight, of the evidence. Ridley v. State, 236 Ga. 147 (1) (233 SE2d 131) (1976).

2. The defendant was represented by retained counsel on the aggravated…