From Casetext: Smarter Legal Research

Terry v. State

Court of Appeals of Georgia
Oct 12, 1988
188 Ga. App. 748 (Ga. Ct. App. 1988)

Opinion

77375.

DECIDED OCTOBER 12, 1988.

Aggravated battery, etc. Henry Superior Court. Before Judge Craig.

Harold E. Martin, for appellant.

E. Byron Smith, District Attorney, Thomas R. McBerry, Assistant District Attorney, for appellee.


Appellant Terry was convicted of aggravated battery and criminal attempt to commit armed robbery, and received sentences totaling thirty years. After denial of his motion for new trial, based on the general grounds and allegedly newly discovered evidence, he has filed an appeal with this court, enumerating as error the general grounds and the State's alleged failure to prove an essential element of aggravated battery. Held:

1. Our examination of the entire record, including the trial transcript, reveals that Terry's assertion of the general grounds is without merit. Construing the evidence in the light most favorable to the verdict, we find that the rational trier of fact would be authorized to find him guilty beyond a reasonable doubt on each charge. Jackson v. Virginia, 443 U.S. 307 (99 SC 2781, 61 L.Ed.2d 560) (1979); Benson v. State, 172 Ga. App. 135 ( 322 S.E.2d 339) (1984).

2. As to the fourth enumeration of error, the trial transcript reveals that the victim's treating physician, an orthopedic surgeon who was qualified as an expert witness, testified that the shoulder in which he had been shot was seriously and probably permanently damaged. The physician further testified, on cross-examination, that the victim's prognosis for sufficient recovery to enable him to do even sedentary work was, at best, "guarded." The victim has thus, by definition, been "deprived" of the use of his shoulder and that "member of his body [rendered] useless" within the contemplation of the relevant statute, OCGA § 16-5-24 (a). There is no merit in appellant's allegation that the State has failed to prove an essential element of the offense for which he was convicted.

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

DECIDED OCTOBER 12, 1988.


Summaries of

Terry v. State

Court of Appeals of Georgia
Oct 12, 1988
188 Ga. App. 748 (Ga. Ct. App. 1988)
Case details for

Terry v. State

Case Details

Full title:TERRY v. THE STATE

Court:Court of Appeals of Georgia

Date published: Oct 12, 1988

Citations

188 Ga. App. 748 (Ga. Ct. App. 1988)
374 S.E.2d 235

Citing Cases

Goss v. State

Goss cites no authority in support of that proposition, however, and we can find none. Rather, a wrist is a…

McClain v. State

The state sufficiently established that the victim had been "deprived" of the use of his extremities. See…