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Heard v. State

257 Ga. App. 315 (Ga. Ct. App. 2002)
Heard v. State

7 Citing cases

  1. Johnson v. State

    281 Ga. 229 (Ga. 2006)   Cited 6 times
    Concluding there was sufficient evidence to support the defendant’s conviction for aggravated assault where the evidence showed the defendant struck the victim in the head with a gun

    Simpson v. State, 277 Ga. 356, 357-358 (3) ( 589 SE2d 90) (2003). Id. at 358 (quoting Heard v. State, 257 Ga. App. 315, 317 ( 573 SE2d 82) (2002)). Compare Blige v. State, 208 Ga. App. 851, 852 ( 432 SE2d 574) (1993) (reversing aggravated assault conviction where instruction emphasized that jury could convict defendant of aggravated assault if it found that he assaulted victim "with intent to rob," rather than with an offensive weapon as alleged in the indictment) (affirmed on other grounds by 264 Ga. 166 ( 441 SE2d 752) (1994)).

  2. Simpson v. State

    277 Ga. 356 (Ga. 2003)   Cited 71 times
    Holding that it was not error for the trial court to instruct the jury that the defendant could be guilty of an aggravated assault if he committed the underlying assault in either manner defined in the simple-assault statute with a deadly weapon, because these were not separate methods of committing aggravated assault

    Bates v. State, 275 Ga. 862, 864-865 (3) ( 572 S.E.2d 550) (2002); Marsh v. State, 254 Ga. App. 342 ( 562 S.E.2d 269) (2002).Heard v. State, 257 Ga. App. 315, 317 ( 573 S.E.2d 82) (2002). 241 Ga. App. 168 ( 525 S.E.2d 422) (1999).

  3. Clayton v. State

    A12A2442 (Ga. Ct. App. Feb. 8, 2013)

    We find no error. Heard v. State, 257 Ga. App. 315, 317 (2) (573 SE2d 82) (2002). See Suggested Pattern Jury Instructions, Vol. II: Criminal Cases (4th ed.), § 2.20.21; OCGA § 16-5-20 (a) (1), (2).

  4. Clayton v. State

    319 Ga. App. 713 (Ga. Ct. App. 2013)   Cited 4 times
    Finding no error in trial court's pattern simple assault charge

    We find no error. Heard v. State, 257 Ga.App. 315, 317(2), 573 S.E.2d 82 (2002). See Suggested Pattern Jury Instructions, Vol. II: Criminal Cases (4th ed.), § 2.20.21; OCGA § 16–5–20(a)(1), (2).

  5. Massey v. State

    278 Ga. App. 303 (Ga. Ct. App. 2006)   Cited 11 times
    Holding that while the trial court had erred in failing to rule on an affidavit of indigence, the error was harmless because the defendant managed to appeal the merits of his case

    (Footnote omitted.) Heard v. State, 257 Ga. App. 315, 317 (2) ( 573 SE2d 82) (2002). Massey also complains that it was error for the trial court to specifically name "feet, fists, and broom handle" as possible deadly weapons in its charge.

  6. Patterson v. State

    272 Ga. App. 675 (Ga. Ct. App. 2005)   Cited 11 times

    Our review of the jury charges given reveals that the trial court's instructions were substantially the same as those requested. Consequently, we find no error. Heard v. State, 257 Ga. App. 315, 315 (1) ( 573 SE2d 82) (2002) ("A trial court does not err in refusing to give a charge in the exact language requested where, as here, the charges given, in their totality, substantially and adequately covered the principles in the requested charge.") (footnote omitted). 5. Patterson argues he is entitled to a new trial because he received ineffective assistance of trial counsel.

  7. Groves v. State

    263 Ga. App. 828 (Ga. Ct. App. 2003)   Cited 6 times

    The trial court did not err in its charge on cruelty to children or its refusal to give Groves's requested charge. See Hendrix v. State, 230 Ga. App. 604, 606(2) ( 497 S.E.2d 236) (1997); see also Heard v. State, 257 Ga. App. 315 (1) ( 573 S.E.2d 82) (2002) (trial court does not err in refusing to give charge in exact language requested where the charges given adequately cover the principles in the requested charge). 4. Groves argues that the trial court erred in admitting the pornographic images from his computer hard drive as evidence at trial.