Daughtry v. State
| Decision Date | 30 October 1986 |
| Docket Number | No. 72980,72980 |
| Citation | 350 S.E.2d 53,180 Ga.App. 711 |
| Parties | DAUGHTRY v. The STATE. |
| Court | Georgia Court of Appeals |
Ralph O. Scoccimaro, Albany, for appellant.
H. Lamar Cole, Dist. Atty., J. David Miller, Asst. Dist. Atty., for appellee.
Daughtry appeals from his conviction of aggravated assault and possession of a firearm by a convicted felon.
1. Appellant contends the State failed to prove beyond a reasonable doubt that he intended to inflict violent injury or used a deadly weapon. The evidence disclosed that Vernon Carter returned home and found appellant in his (Carter's) house; appellant was the former husband of Carter's wife and had come to the home to obtain some of appellant's son's possessions a short time after his son committed suicide. After asking several questions implying that Carter was responsible for the death of appellant's son, who had been living with the Carters, appellant suddenly pulled a pistol out of his waistband and pointed it at Carter's abdomen. Carter said "[d]on't shoot me" and ran out of the house; as he was running off the porch he told his step-daughter and Ricky Allegood to call the police, as appellant was "fixing to shoot me." Appellant came out of the house after Carter, and told Allegood that he (appellant) would put a bullet in the gun for every lie Carter told him. Appellant also told Carter that "I'm not going to run you down to kill you." Carter testified that he felt he would be a dead man if he didn't run, and a neighbor testified that when Carter approached him for help, Carter was scared to death and white as a sheet.
OCGA § 16-5-21(a) provides, in pertinent part: The facts here establish clearly that appellant committed an act with a deadly weapon which placed Carter in reasonable apprehension of immediately receiving a violent injury. This is sufficient to support the charge of aggravated assault. Chastain v. State, 163 Ga.App. 678, 680(3), 296 S.E.2d 69 (1982). There is no requirement that a victim be actually injured and the crime is complete without proof of injury. Clark v. State, 149 Ga.App. 641, 644(2), 255 S.E.2d 110 (1979). An unloaded gun pointed at another in a threatening manner is a deadly weapon. Adsitt v. State, 248 Ga. 237, 240(6), 282 S.E.2d 305 (1981). Although in every assault there must be an intent to injure, the question of criminal intention is for the jury and will not be disturbed by this court unless it is contrary to the evidence and clearly erroneous. Riddle v. State, 145 Ga.App. 328, 330-331(1), 243 S.E.2d 607 (1978). The jury's finding here is neither contrary to the evidence nor clearly erroneous. Hence, we find the evidence sufficient to meet the standard of proof required by Jackson v. Virginia, 443 U.S. 307, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979).
2. Appellant contends the trial court erred by charging the jury that having a weapons permit was not a defense...
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Fussell v. State
...for a rational trier of fact to find defendant guilty beyond a reasonable doubt of the two charged crimes. Daughtry v. State, 180 Ga.App. 711 (1), 350 S.E.2d 53 (1986); Delano v. State, 158 Ga.App. 296, 297, 279 S.E.2d 743 Judgment affirmed. BIRDSONG, C.J., and BANKE, P.J., concur. 1 378 U.......
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Turbeville v. State
...Baker v. State, 259 Ga.App. 433(1), 577 S.E.2d 282 (2003). 2. See OCGA § 16-5-21(a)(2). 3. (Citation omitted.) Daughtry v. State, 180 Ga.App. 711, 712(1), 350 S.E.2d 53 (1986). 4. Clark v. State, 149 Ga.App. 641, 644(2), 255 S.E.2d 110 (1979). Accord, Daughtry, supra at 712(1), 350 S.E.2d 5......
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Coalter v. State
...doubt of the offenses of which he was convicted. Jackson v. Virginia, 443 U.S. 307, 99 S.Ct. 2781, 61 L.Ed.2d 560; Daughtry v. State, 180 Ga.App. 711(1), 712, 350 S.E.2d 53; Smith v. State, 254 Ga. 591, 595(3), 331 S.E.2d 578; Gilbert v. State, 176 Ga.App. 561, 562(2), 336 S.E.2d 2. Defenda......
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Vick v. State, A99A0257.
...serious bodily injury. OCGA § 16-5-21(a)(2). There is no requirement that a victim be actually injured. See Daughtry v. State, 180 Ga.App. 711, 712(1), 350 S.E.2d 53 (1986). Accord Gilbert v. State, 209 Ga.App. 483, 484(1), 433 S.E.2d 664 (1993). Vick also questions the conviction of posses......