lawskills
Loading
Did you know you can download our entire database for free?


Resources
[more] 

Georgia Caselaw:
Browse
Greatest Hits

Georgia Code: Browse

(external) Findlaw Georgia Law Resources


This site exists because of donors like you.

Thanks!


Lawskills.com Georgia Caselaw
HOLBROOK v. THE STATE.
66699.
SHULMAN, Chief Judge.
Aggravated assault, etc. Cherokee Superior Court. Before Judge Mills.
A jury convicted appellant of aggravated assault, simple battery, and criminal damage to property in the second degree. He now appeals, enumerating three errors.
1. The state presented evidence which showed that the victim was driving her automobile when appellant, driving a separate vehicle, several times rammed into the rear of the victim's car. He then sideswiped her car, causing it to make a 180-degree turn. When her vehicle came to rest, the victim left it and ran toward a roadside shop. However, appellant caught up with her, throttled her, and hit her until a third party arrived at the scene. Appellant takes issue with the sufficiency of the evidence supporting the allegations of criminal damage to property and aggravated assault.
"A person commits the offense of criminal damage to property in the second degree when he: (1) Intentionally damages any property of another person without his consent and the damage thereto exceeds $100.00 . . ." OCGA 16-7-23 (a) (Code Ann. 26-1502). Appellant argues that his conviction cannot be sustained because there was insufficient evidence of the amount of damage done to the property.
App. 628 (1) (227 SE2d 451). "From this fact and from the photographs, the jury had sufficient evidence to determine that the damage was in excess of $100." Id. Compare Johnson v. State, supra; and Loethen v. State, 158 Ga. App. 469 (1) (280 SE2d 878), where the owner's unsupported opinion as to value was ruled inadmissible.
2. Under the law as it existed at the time the events in issue took place (November 1981), "[a] person commits aggravated assault when he assaults . . . with a deadly weapon." Ga. L. 1976, p. 543, 1. Appellant maintains that the evidence of simple assault, an essential element of aggravated assault, is insufficient in light of the victim's failure to testify that appellant's actions placed her "in reasonable apprehension of immediately receiving a violent injury." OCGA 16-5-20 (a)(2) (Code Ann. 26-1301).
Although the victim never specifically stated that appellant's actions caused her to fear for her personal safety, she did testify that she abandoned her car as soon as it came to a halt and ran toward a store to get help. Since appellant's acts were sufficient to cause the victim to retreat and to generate a reasonable fear that the appellant intended to inflict injury upon her, the jury was authorized to conclude that appellant had committed assault. Crane v. State, 152 Ga. App. 148 (2) (262 SE2d 513). See also Sutton v. State, 245 Ga. 192 (1) (264 SE2d 184), where the victim of the aggravated assault was unable to testify about her "reasonable apprehension" because the defendant's subsequent actions killed her. The jury was authorized to conclude that the assault in the case at bar became aggravated when appellant used his automobile in the manner described above. Guevara v. State, 151 Ga. App. 444 (2) (260 SE2d 491); Blalock v. State, 165 Ga. App. 269 (299 SE2d 753).
Rafe Banks III, District Attorney, for appellee.
Caleb Davies IV, Steven M. Campbell, for appellant.
DECIDED OCTOBER 12, 1983.
Thursday May 21 19:45 EDT


This site exists because of donors like you.

Thanks!


Valid HTML 4.0!

Valid CSS!





Home - Tour - Disclaimer - Privacy - Contact Us
Copyright © 2000,2002,2004 Lawskills.com