Rushin v. State

8 Citing cases

  1. Adkins v. State

    800 S.E.2d 341 (Ga. 2017)   Cited 37 times
    Holding that, on plain-error review, defendant could not complain about error that he induced

    OCGA § 16-5-21 (b) (4). Discharging a gun is one means of using a deadly weapon. See Rushin v. State , 180 Ga.App. 276, 276 (1), 348 S.E.2d 910 (1986) ("The term ‘shooting’ ... clearly denotes the use of a deadly weapon."). Count 9 required proof of something Count 8 did not: that Adkins shot a gun from a moving vehicle, toward a person or persons, without legal justification.

  2. Silvers v. State

    278 Ga. 45 (Ga. 2004)   Cited 26 times

    [Cits.]" Rushin v. State, 180 Ga. App. 276 (1) ( 348 SE2d 910) (1986). Thus, those counts would not have been subject to a demurrer, even if the appointed attorney had filed one. Compare Smith v. Hardrick, 266 Ga. 54 ( 464 SE2d 198) (1995) (aggravated assault by use of hands, which, unlike guns, are not per se deadly weapons); Youngblood v. State, supra.

  3. McCord v. State

    268 Ga. 842 (Ga. 1997)   Cited 14 times

    The informant's statement about the getaway car did not identify McCord or otherwise implicate him in the crimes charged, other admissible evidence included a description of the getaway car and showed that McCord had stolen a car, and the witnesses who directly implicated McCord were available to and did testify at trial. Peterkin v. State, 222 Ga. App. 329, 330 (2) ( 474 S.E.2d 231) (1996); Poole v. State, 193 Ga. App. 122, 123 (2) ( 387 S.E.2d 48) (1989) Rushin v. State, 180 Ga. App. 276, 277 (3) ( 348 S.E.2d 910) (1986). Therefore, we find the error in admitting Beach's testimony to be harmless.

  4. State v. Tate

    262 Ga. App. 311 (Ga. Ct. App. 2003)   Cited 7 times
    Finding that defendant filed special demurrer to terroristic threats count on ground that indictment failed "to assert the specific threat alleged to have been made by him"

    Griffin v. State, 241 Ga. App. 783, 786(6) ( 527 S.E.2d 577) (1999).Rushin v. State, 180 Ga. App. 276(1) ( 348 S.E.2d 910) (1986). For the reasons stated above, we find that the trial court erred in quashing Count 2 of the indictment charging Tate with aggravated assault.

  5. Salahuddin v. State

    241 Ga. App. 168 (Ga. Ct. App. 1999)   Cited 10 times

    See King v. State, 178 Ga. App. 343, 344 (1) ( 343 S.E.2d 401) (1986). See Rushin v. State, 180 Ga. App. 276 (1) ( 348 S.E.2d 910) (1986) (indictment alleging aggravated assault by "shooting" charged defendant with violating OCGA § 16-5-21 (a) (2) — assault with deadly weapon). OCGA § 16-5-20 (a).

  6. Hills v. State

    379 S.E.2d 626 (Ga. Ct. App. 1989)   Cited 3 times

    ]" Teague v. State, supra at 537. See also Rushin v. State, 180 Ga. App. 276 (3) ( 348 S.E.2d 910) (1986); Simmons v. State, 174 Ga. App. 906, 907 (2) ( 331 S.E.2d 923) (1985). 2.

  7. Washington v. State

    378 S.E.2d 381 (Ga. Ct. App. 1989)   Cited 4 times

    It is unclear from this enumeration exactly how it is that appellant contends the trial court erred. The record shows that appellant filed neither a pre-trial demurrer to the indictment nor a post-judgment motion in arrest of the judgment of conviction. Compare Phillips v. State, 240 Ga. 453 ( 241 S.E.2d 203) (1978); Rushin v. State, 180 Ga. App. 276 (1) ( 348 S.E.2d 910) (1986); Ponder v. State, 121 Ga. App. 788 ( 175 S.E.2d 55) (1970); Martin v. State, 96 Ga. App. 557, 558 (1) ( 100 S.E.2d 645) (1957). Accordingly, appellant's contention presumably is that it was error for the trial court to charge on aggravated assault with a deadly weapon as a lesser included offense of malice or felony murder.

  8. Day v. State

    188 Ga. App. 648 (Ga. Ct. App. 1988)   Cited 21 times

    Accordingly, the trial court did not err in overruling the demurrer. See OCGA § 17-7-54; Rushin v. State, 180 Ga. App. 276 (1) ( 348 S.E.2d 910) (1986). 3.