Beard v. State

Full title: BEARD v. THE STATE

Court: Court of Appeals of Georgia

Date published: Sep 9, 1980

271 S.E.2d 906 (Ga. Ct. App. 1980)

271 S.E.2d 906

Opinion

60041.

SUBMITTED JUNE 16, 1980.

DECIDED SEPTEMBER 9, 1980.

Aggravated assault. Floyd Superior Court. Before Judge Royal.

Robert J. Evans, for appellant.

F. Larry Salmon, District Attorney, for appellee.

CARLEY, Judge.

Appellant appeals her conviction of aggravated assault. The sole enumeration of error asserts that the state failed to prove that the instrumentality used, a broomstick, was a "deadly" weapon. On this basis it is urged that her motion for directed verdict of acquittal was erroneously denied. A review of the transcript conclusively demonstrates the lack of merit in this argument. There was evidence of the character and nature of the weapon used, of the manner in which it was wielded and of the nature of the wounds inflicted. This evidence would authorize a jury to find that the broomstick used in the assault was a "deadly" weapon. Quarles v. State, 130 Ga. App. 756 ( 204 S.E.2d 467) (1974); Kirby v. State, 145 Ga. App. 813 ( 245 S.E.2d 43) (1978); Simmons v. State, 149 Ga. App. 830 ( 256 S.E.2d 79) (1979); Zachery v. State, 153 Ga. App. 531 ( 265 S.E.2d 860) (1980). There was no error in denying appellant's motion for a directed verdict of acquittal.

Judgment affirmed. Quillian, P. J., and Shulman, J., concur.

SUBMITTED JUNE 16, 1980 — DECIDED SEPTEMBER 9, 1980.