Simmons v. State

Webb, Judge.

Eddie Simmons was found guilty of aggravated assault by stabbing a fellow inmate during a dormitory riot at Georgia State Prison and was sentenced to eight years to run consecutive to the life sentence he was already serving. His motion for new trial was denied and he appeals.

1. The first enumeration of error argues that a new trial should have been granted because the verdict was against the weight of the evidence. The test on review of the denial of a motion for new trial is the sufficiency of the evidence: "[T]he fact finders have determined the credibility of witnesses, the…