McWhorter v. State

Judge Harold R. Banke.

Marvis McWhorter was convicted of aggravated assault. He enumerates three errors on appeal.

This case arose during the course of a hot summer evening while the victim and some acquaintances “hung out” behind an apartment building, watching a dice game. Price v. State, 222 Ga. App. 655, 657 (2) (475 SE2d 692) (1996) (evidence on appeal must be viewed in a light most favorable to the verdict). McWhorter drove up and ordered one of the players to “leave everything on the ground.” He subsequently jumped out of the car holding a gun with a red laser light attached to it in his…