Translate
Text Highlighter

Bookmark

PDF

Share

Report a problem
AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges

ROBERTS v. THE STATE.

BEASLEY, Judge.

Appellant was convicted of aggravated assault (OCGA § 16-5-21 (a) (2)) by the judge sitting without a jury. This appeal follows the denial of her motion for new trial.

Appellant raises, as the sole enumeration of error, the general grounds. The appellant testified and also called one other witness. The facts were that the victim had given money to appellant to make a purchase, which appellant converted because of a prior debt. The money, however, was claimed by a third woman who came with the victim to appellant's apartment to collect the money because the purchase was not made. An argument ensued, but the victim was walking toward the door when the appellant said she thought the victim was going to hit her after the victim reached into her pocket. Although expressing concern for her safety, appellant admitted that she saw nothing but the victim's closed fist and that she stabbed the victim with an 8" long butcher knife. The wound to the victim was in her back, between her shoulder blades and puncturing her lung, although appellant said she stabbed the victim in the shoulder. The sole defense was self-defense.

Viewing the evidence in the light most favorable to the state, there was sufficient evidence to authorize the trial judge, as trier of fact, to find appellant guilty of aggravated assault beyond a reasonable doubt. Bush v. State, 179 Ga. App. 103 ( 345 S.E.2d 651) (1986); Syms v. State, 175 Ga. App. 179 ( 332 S.E.2d 689) (1985); see Jackson v. Virginia, 443 U.S. 307 (99 SC 2781, 61 L.Ed.2d 560) (1979).

Judgment affirmed. Deen, P. J., and Benham, J., concur.

DECIDED OCTOBER 22, 1986.
Use AI to get other relevant cases.

Comments

ROBERTS v. STATE
(Oct 22, 1986)