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Agyemang v. State

The trial court erred in denying the defendant's motion to introduce evidence of prior difficulties between himself and his wife in his trial for simple battery against his wife arising after she allegedly hit him and he hit her back.

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A Forsyth County jury convicted Edward Agyemang of one count of simple battery.1 He appeals from that conviction, arguing that the trial court erred in denying his motion to introduce prior difficulties between the parties and that there was a fatal variance between the accusation and the evidence presented at trial. He also argues that the evidence was insufficient to support his conviction. For the following reasons, we vacate Agyemang’s conviction and remand the case to the trial court for a new trial.

On appeal from a criminal conviction, we view the evidence in the light most favorable to the verdict, and the defendant is no longer entitled to the presumption of innocence. Citation omitted. Newsome v. State, 324 Ga. App. 665, 665 751 SE2d 474 2013. In determining the sufficiency of the evidence, we neither weigh the evidence nor assess the credibility of the witnesses, but determine only whether the evidence authorized the jury to find the appellant guilty of the crime charged beyond a reasonable doubt. Byrd v. State, 325 Ga. App. 24, 24 752 SE2d 84 2013.

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