Harper v. State, 50804
| Decision Date | 02 September 1975 |
| Docket Number | No. 50804,No. 1,50804,1 |
| Citation | 218 S.E.2d 312,135 Ga.App. 604 |
| Parties | T. L. HARPER v. The STATE |
| Court | Georgia Court of Appeals |
Rees R. Smith, Atlanta, for appellant.
Lewis R. Slaton, Dist. Atty., Joseph Drolet, Carole E. Wall, Isaac Jenrette, Asst. Dist. Attys., Atlanta, for appellee.
Appellant was tried and convicted by jury upon the evidence and legally correct instructions for the commission of the offense of aggravated assault by unlawfully shooting one Reynolds with a pistol, the same being a deadly weapon. He was sentenced to five years imprisonment. The evidence for the prosecution, if believed, clearly and compellingly established that appellant without lawful reason or excuse at a nightclub insulted Reynolds and accepted an invitation to go outside the club at which the shooting occurred to settle the matter. At the door to the club, while the two men grappled but without blows being struck by either man, appellant pulled a pistol from his trousers' pocket and shot Reynolds in the abdomen.
Appellant does not dispute this statement of the evidence except that his version includes a theory of self defense. Appellant asserted at trial that when the men got to the door leading outside, Reynolds without warning turned and struck appellant, knocking him to the floor, cutting his lips and face, and then began to strike and kick appellant so that he feared for his life. It was only at that point he pulled the weapon and shot Reynolds to get Reynolds off and because he was scared.
All issues raised by the evidence were presented to the jury under appropriate instructions. The jury resolved the issues against the appellant and found him guilty as charged. Following sentencing by the trial court, appellant moved that court for a new trial. This motion was denied. Appellant now brings this appeal raising four enumerations of error on the sufficiency of the evidence, all of which are on the general grounds. Held:
The general grounds of error contained in Enumerations 2, 3 and 4 pertain to the trial proper. These general allegations of error are without merit. The evidence was sufficient for the jury to return a verdict of guilty of aggravated assault. The State's evidence established that appellant started an argument with the victim, and that, as the two men began to grapple, appellant shot Reynolds. Such evidence authorized the jury to find appellant guilty of aggravated assault. Reeves v. State, 128 Ga.App. 750,...
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