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127 Ga. App. 511

194 S.E.2d 274

Hise v. State

Court of Appeals of Georgia

Decided October 17, 1972

Court of Appeals of Georgia · decided 1972-10-17

Relies on Thomas v. State · 122 Ga. App. 542 - Johnson v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1972-10-17

How this case has been cited

Cited by 9 later decisions — most recently July 2016

7 state decisions

3019721980199020002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Stolz, Judge.

¶1 The evidence is sufficient to support the conviction for simple assault. This offense is committed when one (a) attempts to commit a violent injury to the person of another or (b) commits an act which places another in reasonable apprehension of immediately receiving a violent injury. Code Ann. § 26-1301 (Ga. L. 1968, pp. 1249, 1280).

¶2 Here the evidence shows that Jim Blaylock and Ray Blaylock were seated in their truck watching a baseball game at a recreation site in Dade County, Georgia, when the defendant and Vernon Autry, a co-defendant, drove up and parked behind them. The defendants started an argument with the Blaylocks and cursed them. Thereupon, the Blaylocks got out of their truck. When they did, the defendants got out of their vehicle, Hise with a 30-30 riñe and Autry with a shotgun. Ray Blaylock testified that they pointed the guns at him, a struggle ensued and both weapons were fired.

¶3 The offense of simple assault is complete if there is such a demonstration of violence, coupled with an apparent ability to inflict injury so as to cause the person against whom it is directed reasonably to fear the injury unless he retreats to secure his safety. Thomas v. State, 99 Ga. 38 (26 SE 748).

¶4 Where "the circumstances also clearly disclose a situation whereby the jury could determine that the alleged victim, with a pistol [or, as here, a rifle] pointed at him was in reasonable apprehension of immediately receiving a violent injury,” the evidence clearly supports the verdict of guilty. Johnson v. State, 122 Ga. App. 542 (1) (178 SE2d 42).

¶5 Judgment affirmed.

Bell, C. J., and Evans, J., concur. *512 Earl B. Self, District Attorney, Ralph Hill, Jr., for appellee.
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