Jordan v. State, A89A1127

• Decision Date: 21 June 1989
• Docket Number: No. A89A1127,A89A1127
• Citation: 192 Ga.App. 69,383 S.E.2d 631
• Parties: JORDAN v. The STATE.
• Court: Georgia Court of Appeals

Page 631

383 S.E.2d 631

192 Ga.App. 69

JORDAN v. The STATE.

No. A89A1127.

Court of Appeals of Georgia.

June 21, 1989.

Kenneth D. Feldman, Atlanta, for appellant.

Thomas J. Charron, Dist. Atty., Debra H. Bernes, Asst. Dist. Atty., for appellee.

McMURRAY, Presiding Judge.

Defendant Jordan appeals his conviction of five counts of aggravated assault (assault with a deadly weapon). Held:

1. Defendant's second enumeration of error challenges the sufficiency of the evidence to support the verdict as to Counts 3 and 4, the aggravated assaults (assault with a deadly weapon) upon Randy and Cindy Schaffer. The State's evidence shows that Robert Bell and his wife had a barbecue at their home which approximately 40 to 50 people attended. Defendant, defendant's wife and a friend, and their children arrived at the party apparently at the invitation of one of Bell's guests. Bell had never seen defendant before. Defendant was intoxicated and arguing with his wife. When defendant struck his wife several times he was escorted to the van in which he had arrived and told to "sleep it off." Later, defendant emerged from the van shouting that he was not going to leave without his wife. A knife which defendant pulled was taken from him and broken. Defendant was told to leave and did in fact leave in the van. His wife refused to leave with defendant because she was afraid that defendant would beat her. Before leaving defendant threatened to return and "blow the f______ place off the map." Later, defendant returned, armed with a rifle. At that time Bell and a group of his guests were standing around some motorcycles. Defendant pointed the rifle at the individuals in the group of guests and ordered "all y'all M_____ F_______ against the wall." Randy and Cindy Schaffer were among those guests who composed this group of individuals ordered against a wall at gunpoint. After defendant's command, members of the group began dropping to the ground for safety as defendant fired a shot into the group, seriously wounding Bell. The rifle jammed and defendant's attempt to fire another shot failed. Defendant was subdued by two of the guests.

We find that the evidence was sufficient to enable a rational trier of fact to find defendant guilty of each of the five counts of aggravated assault (assault with a deadly weapon) of which defendant was convicted, including Count 3 charging an aggravated assault (assault with a deadly weapon) upon Randy Schaffer and Count 4 charging an aggravated assault (assault with a deadly weapon) upon Cindy Schaffer. Jackson v. Virginia, 443 U.S. 307, 99 S.Ct. 2781, 61 L.Ed.2d 560; Morgan v. State, 189 Ga.App. 795, 796(3), 377 S.E.2d 707; Benford v. State, 189 Ga.App. 761, 764(2), 377 S.E.2d 530.

2. Defendant also enumerates as error the admission of evidence of his commission of a similar crime. The State's evidence at issue recounted an incident in September of 1982 when defendant's ex-wife accompanied by a friend and her boyfriend's daughter, drove to a softball park where defendant was playing. The purpose of the visit was to permit defendant's ex-wife to visit with their daughter who resided with defendant. After the visit the ex-wife and her friend spoke to defendant for a few minutes and then returned to their automobile and started to leave. Defendant walked up to the automobile and told his ex-wife, "you better tell your g___...