Opinion
76960.
DECIDED OCTOBER 14, 1988.
Aggravated battery. Peach Superior Court. Before Judge Morgan.
Robert M. Bearden, Jr., for appellant.
Willis B. Sparks III, District Attorney, Kimberly S. Shumate, Assistant District Attorney, for appellee.
Defendant Willie C. Harris was convicted of the offense of aggravated battery (OCGA § 16-5-24). On appeal, he asserts the general grounds and argues that his actions were in self-defense and that the injury was accidental.
Although not without dispute, the facts show that after the victim twice refused defendant's proposal of marriage, the defendant picked up a chair and hit her in her left eye, causing the victim to lose sight permanently in that eye. The evidence also shows that the victim and the defendant had at one time lived together and that during a previous altercation the defendant had hit the victim in her right eye with his fist.
The defendant testified that he did not mean to strike the victim and that he had merely picked up the chair as a defensive maneuver because the victim was attempting to strike him with a metal pipe, which, defendant contends, hit the chair instead of him and bounced back striking the victim in the eye. The victim denies that she picked up a metal pipe or attempted to strike the victim but testified that she did not know whether the defendant's actions in striking her were accidental or intentional.
"'Where there is a conflict in the testimony of witnesses, their credibility is for the jury, and not this court, to decide.' Martin v. State, 95 Ga. App. 519 ( 98 S.E.2d 105) (1957). See Jamison v. State, 162 Ga. App. 635 ( 292 S.E.2d 515) (1982). `On appeal of a conviction based on a jury verdict' the appellate court examines `the evidence in a light most favorable to support that verdict' and resolves `all conflicts in favor of the verdict.' Anderson v. State, 245 Ga. 619, 622 (1) ( 266 S.E.2d 221) (1980).
"Applying these precepts, the evidence was sufficient for a rational trier of fact to find the essential elements of the offense charged beyond a reasonable doubt. Magsby v. State, 169 Ga. App. 637 (1) ( 314 S.E.2d 473) (1984); Taylor v. State, 178 Ga. App. 817 (1) ( 344 S.E.2d 748) (1986) (Beasley, J., concurring specially)." Hosch v. State, 185 Ga. App. 71 (1) ( 363 S.E.2d 258) (1987). Accord Flowers v. State, 181 Ga. App. 572 (1) ( 353 S.E.2d 69) (1987); Harden v. State, 164 Ga. App. 59 (1) ( 296 S.E.2d 372) (1982).
Judgment affirmed. McMurray, P. J., and Benham, J., concur.