B. G. v. State, 54328
| Decision Date | 13 October 1977 |
| Docket Number | No. 54328,No. 1,54328,1 |
| Citation | 143 Ga.App. 725,240 S.E.2d 133 |
| Parties | B. G. v. STATE of Georgia |
| Court | Georgia Court of Appeals |
Fierer & Devine, Anne E. Meroney, Atlanta, for appellant.
Lewis R. Slaton, Dist. Atty., Donald J. Stein, George G. Geiger, Asst. Dist. Attys., Atlanta, for appellee.
On Monday, October 11, 1976, at approximately 9:45 P.M., the victim of a physical attack, and his wife were walking toward their home in a neighborhood in Atlanta. They were walking down the middle of the street because the street lights would protect them in the dark areas. An individual walked up behind them as the victim approached two other individuals and one said, "We don't like honkies on this side of town." One of them made a movement toward him and was going for something in his pocket, so the victim pushed him and at that time another one hit him on the head causing a cut and contusions and an injury to his collar bone.
Immediately preceding the incident the victim recognized the juvenile involved here when the juvenile lit a cigarette and the light flaring was sufficient for him to identify him. He knew the juvenile on sight but not by name, having seen him before in the neighborhood.
A lookout was placed for the offenders and the arresting officer surmised that the juvenile in question was one of them when he heard the general description. Several days later, on October 17, he found this juvenile, placed him under arrest and on the way to the juvenile detention facility he carried him by the victim's home. He was positively identified by the victim as one of the individuals he saw the previous Monday night.
A referee found this juvenile to be under 17 years of age, residing in Fulton County, Georgia, and that there was probable cause "to suspect that the child had committed the offense of: Aggravated Assault (stick)" as well as a "failure to stop on an officer's command" (he ran when the officer sought to arrest him). A juvenile petition was filed alleging delinquency, that the juvenile "did commit the offense of Simple Battery, in that he . . . did intentionally cause physical harm to the person of . . ." and that he was thus in need of treatment or rehabilitation. Counsel was appointed for him.
A motion to suppress the out-of-court and in-court identification and a motion to dismiss were both filed. Both of these motions were denied after a hearing, and the court found that the juvenile "did commit the offense of Simple Battery" and that the child was delinquent and in need of treatment and rehabilitation. A dispositional hearing was then set, and at that hearing he was placed on probation under supervision and required to meet certain terms and conditions of his probation, including restitution for the injuries committed upon the victim. Another hearing was set to determine the amount of injury and at this hearing the attending physician produced the emergency room record of the victim showing services rendered in the amount of $59.15. The physician testified that $20 of this amount was for his charge and that this portion of the record was made by him personally, but that the other amounts were for supplies, X-rays, drugs, etc. which were supplied by others in the hospital of which he had no actual knowledge. He did testify: The medical librarian provided him with the records, the victim was cut in the right ear area, he obtained an X-ray of the right clavicle but the report was negative, and the diagnosis was that of "soft tissue trauma." The laceration was repaired with a total of six nylon sutures, the patient given a tetanus shot and a sling for his right arm which he refused when offered. He also testified that the charges were normal and reasonable charges for the services rendered.
The juvenile appeals enumerating error in the imposition of restitution as a condition of probation as not an appropriate rehabilitative measure in a case of bodily injury and the amount of restitution assessed was excessive; in overruling the defendant's motion to suppress the evidence as to the identification and in refusing to dismiss the action when the arresting officer failed to carry him immediately to the juvenile detention facility, but instead carried him to the home of the victim for identification in violation of "Ga.Code § 24A-1404" (see Code Ann. § 24A-1402(a)(2) (Ga.L.1971, pp. 709, 723; 1973, pp. 882, 885) ) and the evidence was insufficient to prove him "guilty of simple battery" beyond a reasonable doubt. Held:
1. The evidence shows the victim was beaten severely by one or more individuals, including the juvenile herein, following a common design to act together in hitting and beating him, each aiding and abetting the other for the accomplishment of an unlawful purpose. Fraley v. State, 120 Ga.App. 427(1, 2), 170 S.E.2d 729, and cases cited. Kendricks v. State, 231 Ga. 670, 203 S.E.2d 859; Andrews v. State, 232 Ga. 423, 207 S.E.2d 61; Mays v. State, 237 Ga. 907, 908, 230 S.E.2d 282; J.R.P. v. State of Georgia, 131 Ga.App. 53, 205 S.E.2d 96; T.K. v. State of Georgia, 126 Ga.App. 269, 275(3), 190 S.E.2d 588. The evidence is sufficient to support the adjudication of delinquency. Thus, he was properly found in need of rehabilitation and treatment as a juvenile delinquent.
2. The restitution ordered here was payment of a $59.15 hospital bill for medical services. The testimony shows same was reasonable and proper, hence it cannot...
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...the totality of the circumstances we find the violation, if any, of the Juvenile Code was harmless. B.G. v. State of Ga. [143 Ga.App. 725, 729, 240 S.E.2d 133 (1977) ], supra." Paxton v. State, 159 Ga.App. 175, 178(1), 282 S.E.2d 912, "The standard for determining whether or not a confessio......
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State v. M. D. J., 15245
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