Wheeler v. State

Smith, Judge.

Allen Ray Wheeler was charged by indictment with aggravated assault with a hammer and aggravated assault with a van. A jury acquitted him of the charge concerning the hammer but found him guilty of the remaining charge. Wheeler filed a motion for new trial on the same day he filed a notice of appeal. The motion for new trial was never ruled upon, and Wheeler appeals from the judgment entered on the jury’s verdict. We find no error, and we affirm.

1. In two enumerations, Wheeler contends the evidence was insufficient to convict him of aggravated assault against Hale, the victim,…