McKnight v. State
| Decision Date | 06 August 1986 |
| Docket Number | No. 85-2312,85-2312 |
| Citation | 492 So.2d 450,11 Fla. L. Weekly 1718 |
| Parties | 11 Fla. L. Weekly 1718 Reginald McKNIGHT, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Richard L. Jorandby, Public Defender, and Anthony Calvello, Asst. Public Defender, West Palm Beach, for appellant.
Jim Smith, Atty. Gen., Tallahassee, and Robert S. Jaegers, Asst. Atty. Gen., West Palm Beach, for appellee.
Appellant was convicted of aggravated battery pursuant to section 784.045(1) Florida Statutes (1984). Although only a single blow was struck, the medical witness concluded that the punch resulted in extremely serious brain injury to the seventy year old victim.
Whether the evidence, in any given case, rises to the level of great bodily harm required by the statute is generally a question for the jury. Guthrie v. State, 407 So.2d 357 (Fla. 5th DCA 1981); Owens v. State, 289 So.2d 472 (Fla. 2d DCA 1974). We agree with those two cases. The extent and nature of a victim's injuries vary according to the circumstances peculiar to each situation, such as the amount of force used or the manner of attack. In some cases the extent of injury may not be immediately apparent. Thus, the term "great bodily harm" does not lend itself to precise legal definition. People v. Smith, 6 Ill.App.3d 259, 285 N.E.2d 460 (Ill.App.Ct.1972).
Here there was substantial competent evidence to support the determination that the defendant acted with the requisite intent and that his blow resulted in great bodily harm. We therefore affirm. Tibbs v. State, 397 So.2d 1120 (Fla.1981), aff'd, 457 U.S. 31, 102 S.Ct. 2211, 72 L.Ed.2d 652 (1982).
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Sebulski v. Sec'y, Case No. 3:16-cv-831-J-34PDB
...to the circumstances peculiar to each situation, such as the amount of force used or the manner of attack." McKnight v. State, 492 So. 2d 450, 451 (Fla. 4th DCA 1986). Indeed, "[i]n some instances the extent of injury may not be immediately apparent." Id. However, "'Florida courts have gene......
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Edwards v. State
... ... 61-year-old Petitioner multiple times in the head and face ... But even one such punch could have inflicted a serious brain ... injury, especially on an older person with multiple medical ... conditions. See, e.g. , McKnight v. State, ... 492 So.2d 450, 451 (Fla. 4th DCA 1986) ("Although only a ... single blow was struck, the medical witness concluded that ... the punch resulted in [an] extremely serious brain injury to ... the seventy year old victim."). Under the majority ... opinion, ... ...
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Montero v. State
...the "amount of force used," and "the manner of attack." State v. Gee, 624 So.2d 284, 285 (Fla. 2d DCA 1993) ; McKnight v. State, 492 So.2d 450, 451 (Fla. 4th DCA 1986). Even a single punch to the face, reviewing these factors, can be enough to constitute an aggravated battery. See Gee, 624 ......
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Heck v. State, 4D99-2265.
...will not be error."). We conclude that the instructions, viewed as a whole, fairly state the applicable law. In McKnight v. State, 492 So.2d 450 (Fla. 4th DCA 1986), we noted that there is no precise legal definition of "great bodily harm." The definition used by the trial court was not err......