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Quong v. State

Court of Appeals of Georgia
Feb 16, 1981
278 S.E.2d 122 (Ga. Ct. App. 1981)

Opinion

61188.

DECIDED FEBRUARY 16, 1981.

Aggravated assault, etc. Fulton Superior Court. Before Judge Tanksley, Senior Judge.

Lawrence Lee Washburn III, for appellant.

Lewis R. Slaton, District Attorney, Benjamin H. Oehlert III, Joseph J. Drolet, Jack Mallard, Assistant District Attorneys, for appellee.


Defendant was convicted of the offenses of aggravated assault and aggravated sodomy. We affirm.

1. Appellant contests the judgment on the general grounds. In view of the victim's testimony identifying defendant as the perpetrator of the offenses charged, which testimony was corroborated by physical evidence of her injuries, a rational trier of fact could reasonably have found the defendant guilty beyond a reasonable doubt of the offenses charged. Jackson v. Virginia, 443 U.S. 307 (99 SC 2781, 61 L.Ed.2d 560); Jackson v. State, 152 Ga. App. 21 ( 262 S.E.2d 501).

2. Nor can we agree with appellant's contention that the trial court erred in omitting from its charge on aggravated assault a definition of simple assault. See Sutton v. State, 245 Ga. 192 (2) ( 264 S.E.2d 184), impliedly overruling Smith v. State, 140 Ga. App. 395, 396 ( 231 S.E.2d 143), insofar as that case ruled that "in every case of aggravated assault the essential element of simple assault must be stated in defining aggravated assault." See also Bundren v. State, 155 Ga. App. 265 (2) ( 270 S.E.2d 807). Finding no error for any reason assigned, the judgment of the trial court is affirmed.

Judgment affirmed. Birdsong and Sognier, JJ., concur.


DECIDED FEBRUARY 16, 1981.


Summaries of

Quong v. State

Court of Appeals of Georgia
Feb 16, 1981
278 S.E.2d 122 (Ga. Ct. App. 1981)
Case details for

Quong v. State

Case Details

Full title:QUONG v. THE STATE

Court:Court of Appeals of Georgia

Date published: Feb 16, 1981

Citations

278 S.E.2d 122 (Ga. Ct. App. 1981)
278 S.E.2d 122

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