Jackson v. State, 58978
| Decision Date | 22 February 1980 |
| Docket Number | No. 58978,58978 |
| Citation | 153 Ga.App. 584,266 S.E.2d 273 |
| Court | Georgia Court of Appeals |
| Parties | JACKSON v. The STATE. |
Barry R. Chapman, Valdosta, for appellant.
H. Lamar Cole, Dist. Atty., Richard W. Shelton, Asst. Dist. Atty., for appellee.
Appellant was indicted for aggravated battery and convicted of aggravated assault. Appellant makes two contentions on appeal: (1) that the trial court erred in refusing to grant appellant's motion for directed verdict of acquittal on the aggravated battery charge and (2) that the indictment cannot support a conviction for aggravated assault. We affirm.
1. The indictment alleges that appellant "did . . . maliciously cause bodily harm to Nellie Taylor Rickman, by rendering her left ear useless and by seriously disfiguring her body by shooting her with a certain pistol." Appellant contends that the state failed to prove that the victim's ear was rendered "useless." Therefore appellant argues, a directed verdict of acquittal should have been granted on the aggravated battery charge. In support of his position, appellant relies upon the following testimony of the victim: " However, even assuming that appellant has "standing" to challenge a ruling relating to an offense of which appellant was not convicted, we find no error. Where an ear is capable of hearing no more than a "slight beep," it has been "rendered useless" for purposes of Code § 26-1305.
2. Appellant's contention that the indictment cannot support a conviction for aggravated assault is controlled adversely to him by Tuggle v. State, 145 Ga.App. 603, 244 S.E.2d 131 (1978). See also Williams v. State, 144 Ga.App. 130, 240 S.E.2d 890 (1977). The indictment alleged all essential elements of the offense of aggravated assault.
Judgment affirmed.
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