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Lawskills.com Georgia Caselaw
WEAVER v. THE STATE.
75342.
POPE, Judge.
Aggravated assault. Clarke Superior Court. Before Judge Barrow.
Janice Weaver brings this appeal from her conviction and sentence of aggravated assault. Her sole enumeration of error challenges the trial court's refusal to give a requested charge on reckless conduct, OCGA 16-5-60.
We find appellant's enumeration of error controlled adversely to her by the holding in Riley v. State, 181 Ga. App. 667 (3) (353 SE2d 598) (1987): "In Bowers, the charge on reckless conduct was appropriate because the jury was authorized to find that the defendant engaged in target practice with a gun while consciously disregarding the risk to the nearby victim. One is guilty of reckless conduct who 'causes bodily harm to or endangers the bodily safety of another person by consciously disregarding a substantial and unjustifiable risk that his act or omission will cause the harm or endanger the safety of the other person and the disregard constitutes a gross deviation from the standard of care which a reasonable person would exercise in the situation. . . .' OCGA 16-5-60. The crime of reckless conduct is one of criminal negligence. Bowers v. State, supra at 38 (1). The instant case is distinguishable from Bowers. Appellant admitted [displaying] the gun with the intent to scare the victim, although she testified that she did not intend to [shoot her.] 'Using a deadly weapon to commit an act which places another in reasonable apprehension of immediately receiving a violent injury amounts to an aggravated assault, absent justification. (Cits.) The act testified to by appellant was either justified as an act of self-defense [or defense of another, or was an accident,] or constituted a felony.' (Emphasis supplied.) Williams v. State, 249 Ga. 6, 8 (287 SE2d 31) (1982). The jury was fully and completely instructed on [both accident and] justification. The trial court did not err in refusing to give the requested charge." Id. at 669-670.
Harry N. Gordon, District Attorney, Gerald W. Brown, Assistant District Attorney, for appellee.
Theresa M. Clyne, Sara F. Miller, for appellant.
DECIDED JANUARY 5, 1988 -- REHEARING DENIED JANUARY 19, 1988 -- CERT. APPLIED FOR.
Thursday May 21 13:07 EDT


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