Moore v. State
| Decision Date | 17 March 1993 |
| Docket Number | No. A92A2121,A92A2121 |
| Citation | 207 Ga.App. 892,429 S.E.2d 335 |
| Parties | MOORE v. The STATE. |
| Court | Georgia Court of Appeals |
Kenneth D. Kondritzer, Grovetown, for appellant.
Michael H. Crawford, Dist. Atty., E. Jay McCollum, Asst. Dist. Atty., for appellee.
Moore appeals his judgment and conviction entered on the jury's verdict for the aggravated assault of his estranged wife. We affirm.
Moore was charged in one count with aggravated assault, in that "on the 20th day of September ... 1990" he did "make an assault upon the person of Janice Moore, with a certain object which when used offensively against a person is likely to or actually does result in serious bodily injury, to wit: by holding a pistol to the head of Janice Moore, and forcing her to take a large quantity of drugs...."
Viewed in favor of the verdict, the evidence was that defendant and Mrs. Moore had been married over 20 years and had experienced marital difficulty repeatedly in the past. She had removed herself and her children from their home shortly before this incident. Also, Mrs. Moore had filed for divorce about two weeks before this incident and a hearing was scheduled on the matter shortly after the incident.
Mrs. Moore said that defendant came to visit the children where she was staying on September 18. Before lunchtime, as she was preparing to take her prescribed antibiotic for a bladder infection, defendant pulled a gun, held it to her head, and forced her to take the entire contents of that medicine bottle, filled only the day before, and a second bladder infection medicine. As a result of that, Mrs. Moore became nauseated and very shaky. She also wrote a suicide note on that day, due to defendant's holding a gun on her.
Defendant stayed the night in her residence and the next morning took Mrs. Moore and the two children, Daniel aged 10, and Rose, who was younger, to the children's school. Mrs. Moore was in the front passenger's seat and when they drove up to the school, she jumped out and ran into the school while Daniel encouraged her to run. Daniel stated that he saw the gun handle in his father's pocket on that occasion, and that he had seen the gun two or three times before. Mrs. Moore was pursued into the school by defendant who chased her twice around the area adjacent to the principal's office before grabbing her by the shoulders and escorting her back outside to the car. The school music teacher witnessed the chase and said that defendant bodily picked her up and moved her out of the way to pursue Mrs. Moore. The maintenance man also saw the chase and attempted to help, but defendant pushed him aside and slammed a door in his face. The special education teacher also witnessed the chase and additionally received a phone call from defendant about 3:00 p.m. from the hospital. Defendant told her to keep the children there, their sister would pick them up. Further, he advised her that Mrs. Moore had taken a drug overdose before the kids were brought to school that morning and he was trying to get her to the doctor.
The two children remained at school where, after calming down, they went to their classes. About 2:00 p.m., the oldest daughter, aged 21, was called by defendant and told there was something wrong with her mother, she had passed out. The daughter drove to the restaurant parking lot where defendant was parked, moved her mother into her car and took her to the hospital where she was admitted shortly after 3:00 p.m., her stomach was pumped, and other measures were taken. She had consumed approximately 37 Xanax pills. She was released 36 hours later. Defendant testified that, while they had driven around the county from 8:30 a.m. until 2:30 p.m., he did not see her consume any Xanax and did not know what was wrong with her when he called the daughter. He denied having the gun with him, denied having made her take the pills, denied having seen her take them, denied having pushed either the music teacher or the maintenance man, and denied the statement to the special education teacher.
During her hospital stay, while still semi-conscious, Mrs. Moore told hospital personnel to keep defendant away from her and to get the children from him. She also said defendant told her she could take the Xanax pills or a bullet and she knew he had a gun.
uncharged incident on the 18th involving the antibiotics, defendant first enumerates that he "may have possibly been convicted of an aggravated assault not charged," and includes as his third enumeration that there was a fatal flaw between the allegata and probata. These will be considered together.
Ledesma v. State, 251 Ga. 885(1a), 311 S.E.2d 427 (1984). The date here was not alleged as "material" so as to require its proof with specificity. Id. The...
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...jury verbatim in advising them of the offense of (assault with a deadly weapon) charged against appellant' "); Moore v. State, 207 Ga.App. 892, 894-895(2), 429 S.E.2d 335 (1993) (aggravated assault with deadly weapon charged, and jury also charged on assault with intent to murder, rape, or ......
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