H.S., In Interest of

• Decision Date: 01 April 1991
• Docket Number: No. A91A0258,A91A0258
• Citation: 199 Ga.App. 481,405 S.E.2d 323
• Parties: In the Interest of H.S., a child.
• Court: Georgia Court of Appeals

Page 323

405 S.E.2d 323

199 Ga.App. 481

In the Interest of H.S., a child.

No. A91A0258.

Court of Appeals of Georgia.

April 1, 1991.

Laurens C. Lee, for appellant.

Ralph M. Walke, Dist. Atty., L. Craig Fraser, Asst. Dist. Atty., for appellee.

CARLEY, Judge.

A delinquency petition was filed, alleging that appellant "did unlawfully, maliciously cause bodily harm to [the victim] by seriously disfiguring a member of his body, to wit: his head, in violation of OCGA § 16-5-24." A hearing on this petition was held and appellant appeals from the juvenile court's adjudication of delinquency.

Only the general grounds are raised in related enumerations of error. In juvenile proceedings, "the standard of proof on charges of a criminal nature is the same as that used in criminal proceedings against adults--proof must be beyond a reasonable doubt. [Cits.]" M. W. W. v. State of Ga., 136 Ga.App. 472, 474, 221 S.E.2d 669 (1975). The evidence in the instant case authorized a finding that, as the result of an unprovoked beating administered by appellant, the victim suffered a broken nose and a laceration to the scalp requiring several stitches. Accordingly, the evidence authorized a finding that the victim had incurred a serious disfigurement to his head as the result of being intentionally struck by appellant. Penland v. State, 229 Ga. 256(1), 190 S.E.2d 900 (1972); Price v. State, 160 Ga.App. 245(1), 286 S.E.2d 744 (1981); Thompson v. State, 156 Ga.App. 1(1), 273 S.E.2d 894 (1980); Miller v. State, 155 Ga.App. 54, 55(4), 270 S.E.2d 466 (1980); Rollins v. State, 154 Ga.App. 585, 588(5), 269 S.E.2d 81 (1980). "Black's Law Dictionary defines 'disfigurement' as 'that which impairs or injures ... the appearance of a person ...,' and defines 'serious' as 'grave, (or) great.' " Baker v. State, 246 Ga. 317, 318(2), 271 S.E.2d 360 (1980). To constitute the crime of aggravated battery, there is no requirement that, in addition to being "serious," the disfigurement of a victim be permanent. The evidence in this case demonstrates, at the very least, "serious temporary disfigurement to the victim...." (Emphasis supplied.) Baker v. State, 245 Ga. 657, 667(6), 266 S.E.2d 477 (1980). The juvenile court, as the trior of fact, was authorized to find from the evidence proof of appellant's delinquency beyond a reasonable doubt and the general grounds are, therefore, without merit. Jackson v. Virginia, 443 U.S. 307, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979).

Judgment affirmed.

BANKE,...