This case arises out of allegations that Kenneth Hartley attempted to stab his estranged wife with a butcher knife and, the following day, fired a shotgun twice at an acquaintance who had witnessed the domestic dispute. The jury found Hartley guilty of two counts of aggravated assault, and the trial court denied his motion for new trial. On appeal, Hartley contends that his trial counsel was ineffective for failing to locate and call certain witnesses who would have supported his affirmative defense of justification. Hartley further contends that the trial court erred by not exercising its discretion and deciding whether he was entitled to a new trial on the general grounds that the verdict was contrary to the evidence, contrary to principles of justice and equity, and strongly against the weight of the evidence. For the foregoing reasons, we conclude that Hartley received effective assistance from his trial counsel. We agree with Hartley, however, that the trial court failed to exercise its discretion and decide his claims based upon the general grounds. Accordingly, the trial court’s order denying Hartley’s motion for new trial is vacated in part and the case remanded with the instruction that the trial court exercise its discretion. Following a criminal conviction, we view the evidence in the light most favorable to the jury’s verdict. Wallace v. State , 294 Ga. App. 159 1 669 SE2d 400 2008. So viewed, the evidence showed that on the evening of December 9, 2005, Hartley was at home drinking beer following a long day of construction work. Hartley was joined by an acquaintance, Chris Lockley. Hartley and Lockley had known one another for approximately 13 years. Both worked in construction and had worked together on the job earlier that day. While they were drinking, Hartley’s estranged wife arrived at the home. She and Hartley were not living together at the time. They had been fighting for weeks and were considering a divorce.
Hartley and his wife became embroiled in a heated argument in front of Lockley. The argument intensified and Hartley became enraged when his wife refused to leave the home. He threatened to kill her. Hartley then pushed his wife, grabbed a butcher knife from the kitchen counter, chased her with the knife, and attempted to stab her. Lockley stepped between them and grabbed Hartley’s arm to prevent him from cutting his wife. He was able to calm Hartley down enough for Hartley’s wife to escape out of the front door and drive away. Lockley left as well. Hartley passed out on the sofa.
