James v. State, CR-93-1023

CourtAlabama Court of Criminal Appeals
Citation654 So.2d 59
Docket NumberCR-93-1023
PartiesAndrew JAMES, Jr. v. STATE.
Decision Date08 July 1994

Page 59

654 So.2d 59
Andrew JAMES, Jr.
v.
STATE.
CR-93-1023.
Court of Criminal Appeals of Alabama.
July 8, 1994.
Rehearing Denied Aug. 19, 1994.
Certiorari Denied Jan. 20, 1995
Alabama Supreme Court 1931692.

Michael Dasinger III, Robertsdale, for appellant.

James H. Evans, Atty. Gen., and Jack Willis, Asst. Atty. Gen., for appellee.

TAYLOR, Judge.

The appellant, Andrew James, Jr., was convicted of first degree assault, a violation of § 13A-6-20, Code of Alabama 1975. The appellant was sentenced to seven years imprisonment, was fined $1,000, and was ordered

Page 60

to pay restitution in the amount of $5,245.

The appellant contends that there was insufficient evidence to establish the offense of first degree assault under § 13A-6-20. Section 13A-6-20 provides:

"(a) A person commits the crime of assault in the first degree if:

"(1) with intent to cause serious physical injury to another person, he causes serious physical injury to any person by means of a deadly weapon or a dangerous instrument...."

(Emphasis added.)

I

The appellant contends that the judge erred in not granting his motion for a judgment of acquittal, because, he says, there was insufficient evidence to establish the element of "serious physical injury" as required by § 13A-6-20 because, he says, there was no expert testimony as to the injuries suffered by the victim.

Section 13A-1-2(9), Code of Alabama 1975, defines "serious physical injury" as "[p]hysical injury which creates a substantial risk of death, or which causes serious and protracted disfigurement, protracted impairment of health or protracted loss or impairment of the function of any bodily organ."

Although there was no expert testimony concerning the victim's injuries, the victim testified that the appellant hit her in the head with a baseball bat and that the blow rendered her unconscious. The state also presented other testimony by eyewitnesses and a police officer. The witnesses stated that the victim lay unconscious in a pool of blood after the appellant hit her with the bat. The record also showed that the injury to her head required stitches and that the victim stayed in the hospital for four or five days. The victim also testified that she suffered from headaches, could not walk for about a week after the injury, and was unable to return to work for several months.

The case was correctly presented to the jury for it to determine whether the victim suffered "serious physical injury" resulting from...

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8 cases
  • Hopson v. State
    • United States
    • Alabama Court of Criminal Appeals
    • April 12, 2019
    ...injuries may be helpful, such evidence is not necessary to prove that a victim has suffered "serious physical injury." See James v. State, 654 So.2d 59, 60 (Ala. Crim. App. 1994). A layman may generally testify as to his own bodily condition. Charles W. Gamble, McElroy's Alabama Evidence, §......
  • White v. State, CR-15-0290.
    • United States
    • Alabama Court of Criminal Appeals
    • October 21, 2016
    ...13A–1–2(9), Ala. Code 1975. The intent to cause serious physical injury can be inferred from the defendant's actions. See James v. State, 654 So.2d 59 (Ala. Crim. App. 1994) ; Edwards v. State, 597 So.2d 1386 (Ala. Crim. App. 1992).A "deadly weapon" is defined as:"A firearm or anything mani......
  • A.L.L v. State of Ala.
    • United States
    • Alabama Court of Criminal Appeals
    • December 19, 2008
    ...as defined in the statute defining the offense of assault in the first degree." "`686 So.2d at 545-46. Likewise, in James v. State, 654 So.2d 59, 60 (Ala. Crim.App.1994), this Court held that the State had established that the victim suffered "serious physical injury" by the victim's testim......
  • Marlowe v. State
    • United States
    • Alabama Court of Criminal Appeals
    • June 28, 2002
    ...injury' as defined in the statute defining the offense of assault in the first degree." 686 So.2d at 545-46. Likewise, in James v. State, 654 So.2d 59, 60 (Ala.Crim.App. 1994), this Court held that the State had established that the victim suffered "serious physical injury" by the victim's ......
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