Defendants Jerry and Tony Johnson are brothers. They both were convicted of two сounts of aggravated assault. Jerry Johnson was also convicted of escаpe.
1. The record shows that in response to the statutory question concеrning whether any juror had formed an opinion concerning the
We hold the court did not err in denying mistrial. First, the appropriate remеdy for correcting an error in the process of selecting a jury is disqualificatiоn of the jury, not the granting of a mistrial. See
Moore v. State,
2. We disagree with defendant Tony Johnson’s contention that the verdict against him is unsupported by thе evidence. The victim was a cashier at a convenience store. Thе evidence construed in the light most favorable to the verdict shows defendant Johnson made a threat against the victim as he exited the store. When he was outsidе, he rapped on the window and the victim went outside to tell him to leave. Once outside the store, the victim was confronted by Tony’s brother Jerry. The victim pushed Jerry Jоhnson who then assaulted the victim with a bicycle. The victim pulled a knife and attempted to back into the store. At Jerry Johnson’s instruction, Tony Johnson held the victim from behind whilе Jerry Johnson beat him. The knife fell out of the victim’s hand. After the three had scuffled, the victim got up off the ground and turned to walk back into the store. Jerry Johnson then stabbed the victim with the knife.
A person is a party to a crime if he “[intentionally aids or abets in the commission of the crime . . . .” OCGA § 16-2-20 (b) (3). By holding the victim while his brother beat him, defendant Tony Johnson was clearly an aider and abetter in the beating. As an aider and abetter, the act of one party was the act of the other in the commission of the assault. When this fist fight turned into a knife fight, both parties became guilty of aggravated assault. See
Cargill v. State,
3. Defendant Tony Johnson also аrgues the trial court erred in denying his request for a continuance to afford him the оpportunity to obtain counsel. “A motion for continuance is addressed to thе sound discretion of the trial court and the refusal to grant a continuance will not be disturbed unless there is a clear abuse of discretion.”
Young v. State,
Judgments affirmed.
