Hise v. State, 47302
| Decision Date | 17 October 1972 |
| Docket Number | No. 1,No. 47302,47302,1 |
| Citation | 194 S.E.2d 274,127 Ga.App. 511 |
| Parties | Prentice HISE v. The STATE |
| Court | Georgia Court of Appeals |
J. Donald Bennett, Rossville, for appellant.
Earl B. Self, Dist. Atty., Summerville, W. Ralph Hill, Jr., for appellee.
Syllabus Opinion by the Court
The evidence is sufficient to support the conviction for simple assault. This offense is committed when one (a) attempts to commit a violent injury to the person of another or (b) commits an act which places another in reasonable apprehension of immediately receiving a violent injury. Code Ann. § 26-1301; Ga.L.1968, pp. 1249, 1280.
Here the evidence shows that Jim Blaylock and Ray Blaylock were seated in their truck watching a baseball game at a recreation site in Dade County, Georgia, when the defendant and Vernon Autry, a co-defendant, drove up and parked behind them. The defendants started an argument with the Blaylocks and cursed them. Thereupon, the Blaylocks got out of their truck. When they did, the defendants got out of their vehicle, Hise with a 30-30 rifle and Autry with a shotgun. Ray Blaylock testified that they pointed the guns at him, a struggle ensued and both weapons were fired.
The offense of simple assault is complete if there is such a demonstration of violence, coupled with an apparent ability to inflict injury so as to cause the person against whom it is directed reasonably to fear the injury unless he retreats to secure his safety. Thomas v. State, 99 Ga. 38, 26 S.E. 748.
Where 'the circumstances also clearly disclose a situation whereby the jury could determine that the alleged victim, with a pistol (or, as here, a rifle) pointed at him, was in reasonable apprehension of immediately receiving a violent injury,' the evidence clearly supports the verdict of guilty. Johnson v. State, 122 Ga.App. 542(1), 178 S.E.2d 42.
Judgment affirmed.
To continue reading
Request your trial
-
Payne v. Dekalb County, CIV.A. 1:02-CV-2754.
...unless he retreats to secure his safety." Lewis v. State, 253 Ga.App. 578, 580, 560 S.E.2d 73, 74-75 (2002) (quoting Hise v. State, 127 Ga.App. 511, 194 S.E.2d 274 (1972)). Because assault is an attempted battery, the state must show that a "substantial step" was made toward committing the ......
-
Patterson v. State
...State , 122 Ga.App. 542, 178 S.E.2d 42 (1970). See also Brooks v. State , 144 Ga.App. 97, 99, 240 S.E.2d 593 (1977) ; Hise v. State , 127 Ga.App. 511, 194 S.E.2d 274 (1972). Patterson contends in this Court that the 1968 Committee Notes to what is now OCGA § 16–5–20 suggest a legislative in......
-
Patterson v. State, S15G1303.
...122 Ga. App. 542 (1) (178 SE2d 42) (1970). See also Brooks v. State, 144 Ga. App. 97, 99 (3) (240 SE2d 593) (1977); Hise v. State, 127 Ga. App. 511 (194 SE2d 274) (1972). Patterson contends in this Court that the 1968 Committee Notes to what is now OCGA § 16-5-20 suggest a legislative inten......
-
Patterson v. State
...122 Ga. App. 542 (1) (178 SE2d 42) (1970). See also Brooks v. State, 144 Ga. App. 97, 99 (3) (240 SE2d 593) (1977); Hise v. State, 127 Ga. App. 511 (194 SE2d 274) (1972). Patterson contends in this Court that the 1968 Committee Notes to what is now OCGA § 16-5-20 suggest a legislative inten......