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Allen v. State

Trial court properly allowed the state to introduce a bench warrant for defendant's arrest that was issued after defendant failed to appear for trial.

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Joseph C. Allen, III was indicted by a Clarke County grand jury on one count of aggravated assault. A jury found him guilty, and his motion for new trial was denied. He appeals, raising three enumerations of error. We find no merit in any of his contentions, and we affirm his conviction.

Construed to support the verdict, the evidence presented at trial showed that the victim knew Allen because Allen’s mother was related to the victim by marriage. Two or three days before the incident, the victim borrowed a small amount of money from Allen to buy food. Allen wanted to be repaid, and came to the victim’s home to get the money. The victim told Allen he did not have the money at that time, but could give it to him in a few days. The victim feared that Allen and several friends were about to beat him up, and asked Allen not to do that in front of the victim’s children. Allen then shot the victim in the abdomen and the arm. It is undisputed that the victim told police officers and an investigator for the district attorney’s office that Allen shot him. He picked Allen’s picture from a photo array. At trial, however, the victim testified several times that he could not recall who shot him. He also testified, however, that he just did “not want to prosecute anyone.” The victim went on to say that Allen “had called and he apologized, and I accepted his apology of him shooting me which it was wrong that he did. I could have been seriously hurt, but I am not.”

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