Reese v. the State

2 Citing cases

  1. Huff v. State

    361 Ga. App. 559 (Ga. Ct. App. 2021)   Cited 3 times

    These circumstances authorized the jury to find that Huff used the hammer offensively against the victim in a way that did or was likely to cause serious bodily injury as contemplated by the aggravated assault statute. See Weaver , 325 Ga. App. at 53, 752 S.E.2d 128 (concluding that pepper spray may constitute an instrument likely to result in serious bodily injury where, after its use on the victim, he "suffered a burning sensation in his eyes and face, was in a great deal of pain, and was temporarily blinded"); Reese v. State , 303 Ga. App. 871, 872-873, 695 S.E.2d 326 (2010) (evidence that the defendant threw a 12-ounce beer bottle at a deputy sheriff, in conjunction with broken glass later found at the scene, was sufficient for the jury to find that the defendant used a glass bottle offensively against the deputy in a manner likely to result in serious bodily injury for purposes of the aggravated assault statute); Hernandez v. State , 274 Ga. App. 390, 390-391 (1), 392 (4), 617 S.E.2d 630 (2005) (testimony that the defendant struck the victim "with a dry branch two and one-half to three feet in length," leaving a welt on the victim's arm, was sufficient to establish assault with an object likely to cause serious bodily injury when used offensively, despite the State's failure to introduce the branch into evidence) (punctuation omitted); compare Ware v. State , 289 Ga. App. 860, 864, 658 S.E.2d 441 (2008) (physical precedent only) (evidence that the defendant hit the victim once with the "non-business end" of a box cutter and caused a "minor" cut to the

  2. Weaver v. State

    325 Ga. App. 51 (Ga. Ct. App. 2013)   Cited 5 times
    Concluding that pepper spray may constitute an instrument likely to result in serious bodily injury where, after its use on the victim, he "suffered a burning sensation in his eyes and face, was in a great deal of pain, and was temporarily blinded"

    (Citation and footnote omitted.) Reese v. State, 303 Ga.App. 871, 872, 695 S.E.2d 326 (2010). This court has previously held that a bruise provides evidence that an instrument was likely to cause serious bodily injury. See Reynolds v. State, 294 Ga.App. 213, 217(1)(c), 668 S.E.2d 846 (2008) (bruises caused by wooden plank); Hernandez v. State, 274 Ga.App. 390, 617 S.E.2d 630 (2005) (welt or bruise caused by branch sufficient to support finding of “likely to result in serious bodily injury”).