Patterson v. State, 351 S.E.2d 503 (Ga. Ct. App. 1986). · Go Syfert
Patterson v. State, 351 S.E.2d 503 (Ga. Ct. App. 1986). Cases Citing This Book View Copy Cite
77 citation events (4 in the last 25 years) across 1 distinct court.
Strongest positive: In the Interest of B. B. (gactapp, 2009-06-17)
Treatment trajectory · 1987 → 2026 · click a year to view as-of
1987 2006 2026
Top citers, strongest first. 29 distinct citers. How cited ↗
discussed Cited as authority (rule) In the Interest of B. B.
Ga. Ct. App. · 2009 · confidence medium
B., 255 Ga. App. 192, 193 ( 564 SE2d 816 ) (2002) (acts of juvenile, who struck security guard causing abrasion to guard’s knee, would have constituted simple battery if committed by adult); Patterson v. State, 181 Ga. App. 68, 69 (2) ( 351 SE2d 503 ) (1986) (factfinder could infer from evidence that defendant hit victim with beer cooler that victim suffered physical harm, in support of simple battery conviction).
discussed Cited as authority (rule) In Re BB
Ga. Ct. App. · 2009 · confidence medium
NOTES [1] 443 U.S. 307 , 99 S.Ct. 2781 , 61 L.Ed.2d 560 (1979). [2] See In the Interest of D.B., 284 Ga.App. 445, 446 , 644 S.E.2d 305 (2007). [3] Id. (footnote omitted). [4] OCGA § 16-5-23(a). [5] See In the Interest of W.B., 255 Ga.App. 192, 193 , 564 S.E.2d 816 (2002) (acts of juvenile, who struck security guard causing abrasion to guard's knee, would have constituted simple battery if committed by adult); Patterson v. State, 181 Ga. App. 68, 69 (2), 351 S.E.2d 503 (1986) (factfinder could infer from evidence that defendant hit victim with beer cooler that victim suffered physical harm, in…
cited Cited as authority (rule) Jinks v. State
Ga. Ct. App. · 1997 · confidence medium
Patterson v. State, 181 Ga. App. 68, 69 (2) ( 351 SE2d 503 ) (1986).
cited Cited as authority (rule) Rivers v. State
Ga. Ct. App. · 1997 · confidence medium
Id.; Patterson v. State, 181 Ga. App. 68, 69 (2) ( 351 SE2d 503 ) (1986).
cited Cited as authority (rule) In Interest of Cw
Ga. Ct. App. · 1997 · confidence medium
Jackson v. Virginia, supra; Patterson v. State, 181 Ga. App. 68, 69 (2), 351 S.E.2d 503 (1986).
cited Cited as authority (rule) In the Interest of C. W.
Ga. Ct. App. · 1997 · confidence medium
Jackson v. Virginia, supra; Patterson v. State, 181 Ga. App. 68, 69 (2) ( 351 SE2d 503 ) (1986).
cited Cited as authority (rule) Rice v. State
Ga. Ct. App. · 1997 · confidence medium
Jackson v. Virginia, supra; Patterson v. State, 181 Ga. App. 68, 69 (2) ( 351 SE2d 503 ) (1986).
cited Cited as authority (rule) Leeks v. State
Ga. Ct. App. · 1997 · confidence medium
Id. at 319 ; Patterson v. State, 181 Ga. App. 68, 69 (2) ( 351 SE2d 503 ) (1986).
cited Cited as authority (rule) Daniel v. State
Ga. Ct. App. · 1997 · confidence medium
Patterson v. State, 181 Ga. App. 68, 69 (2) ( 351 SE2d 503 ) (1986).
cited Cited as authority (rule) Haygood v. State
Ga. Ct. App. · 1997 · confidence medium
Jackson v. Virginia, 443 U. S. 307, 319 (99 SC 2781, 61 LE2d 560) (1979); Patterson v. State, 181 Ga. App. 68, 69 (2) ( 351 SE2d 503 ) (1986).
cited Cited as authority (rule) Hefner v. State
Ga. Ct. App. · 1997 · confidence medium
Patterson v. State, 181 Ga. App. 68, 69 (2) ( 351 SE2d 503 ) (1986).
cited Cited as authority (rule) Reid v. State
Ga. Ct. App. · 1997 · confidence medium
Id.; Patterson v. State, 181 Ga. App. 68, 69 (2) ( 351 SE2d 503 ) (1986).
cited Cited as authority (rule) Griffin v. State
Ga. Ct. App. · 1996 · confidence medium
Patterson v. State, 181 Ga. App. 68, 69 (2) ( 351 SE2d 503 ) (1986).
cited Cited as authority (rule) Copps v. State
Ga. Ct. App. · 1996 · confidence medium
Patterson v. State, 181 Ga. App. 68, 69 (2) ( 351 SE2d 503 ) (1986).
cited Cited as authority (rule) Bereznak v. State
Ga. Ct. App. · 1996 · confidence medium
Patterson v. State, 181 Ga. App. 68, 69 (2) ( 351 SE2d 503 ) (1986).
discussed Cited as authority (rule) Watts v. State
Ga. Ct. App. · 1996 · confidence medium
Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979); see also Scott v. State, 216 Ga. App. 692, 693 (1) ( 455 SE2d 609 ) (1995); Patterson v. State, 181 Ga. App. 68, 69 (2) ( 351 SE2d 503 ) (1986).
cited Cited as authority (rule) Gadson v. State
Ga. Ct. App. · 1996 · confidence medium
Patterson v. State, 181 Ga. App. 68, 69 ( 351 SE2d 503 ) (1986).
cited Cited as authority (rule) Thomas v. State
Ga. Ct. App. · 1996 · confidence medium
Patterson v. State, 181 Ga. App. 68, 69 (2) ( 351 SE2d 503 ) (1986).
discussed Cited as authority (rule) Hodges v. State (2×) also: Cited "see"
Ga. Ct. App. · 1996 · confidence medium
Patterson v. State, 181 Ga. App. 68, 69 (2) ( 351 SE2d 503 ) (1986).
discussed Cited as authority (rule) Livingston v. State (2×)
Ga. Ct. App. · 1996 · confidence medium
Id.; Patterson v. State, 181 Ga. App. 68, 69 (2) ( 351 SE2d 503 ) (1986).
discussed Cited as authority (rule) Strickland v. State
Ga. Ct. App. · 1996 · confidence medium
Jackson v. Virginia, supra; Patterson v. State, 181 Ga. App. 68, 69 (2) ( 351 SE2d 503 ) (1986). *517 The county emergency services dispatcher received a call from a woman at Strickland’s residence who stated a child had ingested poison.
cited Cited as authority (rule) Funderburk v. State
Ga. Ct. App. · 1996 · confidence medium
Jackson v. Virginia, supra; Patterson v. State, 181 Ga. App. 68, 69 (2) ( 351 SE2d 503 ) (1986).
cited Cited as authority (rule) Looney v. State
Ga. Ct. App. · 1996 · confidence medium
Jackson, supra at 319 ; Patterson v. State, 181 Ga. App. 68, 69 (2) ( 351 SE2d 503 ) (1986).
cited Cited as authority (rule) Ayers v. City of Atlanta
Ga. Ct. App. · 1996 · confidence medium
Jackson v. Virginia, 443 U. S. 307, 319 (99 SC 2781, 61 LE2d 560) (1979); Patterson v. State, 181 Ga. App. 68, 69 (2) ( 351 SE2d 503 ) (1986).
cited Cited as authority (rule) Odum v. State
Ga. Ct. App. · 1996 · confidence medium
Jackson v. Virginia, supra at 319; Patterson v. State, 181 Ga. App. 68, 69 (2) ( 351 SE2d 503 ) (1986).
cited Cited as authority (rule) Jackson v. State
Ga. Ct. App. · 1988 · confidence medium
“The weight of the evidence and the credibility of the witnesses are questions for the factfinder. [Cits.]” Patterson v. State, 181 Ga. App. 68, 69 (2) ( 351 SE2d 503 ) (1986).
discussed Cited "see" Richardson v. State (2×)
Ga. Ct. App. · 1999 · signal: see · confidence high
See Patterson v. State, 181 Ga. App. 68, 69 (2) ( 351 SE2d 503 ) (1986).
examined Cited "see" Whatley v. State (4×)
Ga. Ct. App. · 1988 · signal: see · confidence high
See Patterson v. State, 181 Ga. App. 68 ( 351 SE2d 503 ) (1986).
discussed Cited "see, e.g." Johnson v. State (2×)
Ga. Ct. App. · 1991 · signal: see also · confidence low
See also Patterson v. State, 181 Ga. App. 68 (1) ( 351 SE2d 503 ) (1986); Lovell v. State, 189 Ga. App. 311, 314 (6) ( 375 SE2d 658 ) (1988).
Retrieving the full opinion text from the archive…
Patterson
v.
the State
72811.
Court of Appeals of Georgia.
Nov 26, 1986.
351 S.E.2d 503
David E. Ralston, for appellant., Roger G. Queen, District Attorney, for appellee.
Beasley, Deen, Benham.
Cited by 37 opinions  |  Published
Beasley, Judge.

Defendant, charged with simple battery (OCGA § 16-5-23 (a) (2)), public drunkenness (OCGA § 16-11-41 (a)), and obstruction of an officer (OCGA § 16-10-24), appeals from his conviction of battery and public drunkenness on the general grounds. He was tried before the court without a jury.

1. Although the evidence was conflicting, construing it with every inference and presumption in favor of the judgment, there was sufficient evidence from which a rational trier of fact could find defendant guilty of public drunkenness beyond a reasonable doubt. See Bush v. State, 179 Ga. App. 103, 104 (345 SE2d 651) (1986); Fair v. State, 172 Ga. App. 49, 50 (3) (321 SE2d 790) (1984).

He was exiting a private club with his wife when he swung and threw a cooler containing beer and ice. It landed against the wall of the club. While he acknowledged throwing the cooler, he denied striking his wife with it. Three sheriff’s deputies, waiting to ensure that the club closed at the required time, were standing outside. Two of the deputies stated that the cooler struck the wife, although the wife and their daughter denied it. One deputy testified she was knocked down by the blow; the other’s attention was fixed on appellant. The deputies restrained defendant and two testified that he smelled of alcohol. Each deputy testified either that defendant was “cussing,” “talking pretty loud,” or was “irate and acting unreasonably.” These facts support the two elements of public drunkenness: (1) an intoxicated person in a public place, and (2) which condition is manifested by “boisterousness, ... or by vulgar, profane, loud, or unbecoming language.” OCGA § 16-11-41 (a); Ridley v. State, 176 Ga. App. 669, 670 (337 SE2d 382) (1986); McArthur v. State, 169 Ga. App. 263, 264[*69] (2) (b) (312 SE2d 358) (1983).

Decided November 26, 1986. David E. Ralston, for appellant.

2. Next considering the simple battery count, the accusation charged only the elements of OCGA § 16-5-23 (a) (2), i.e., intentionally causing physical harm to another.

The evidence concerning the hitting of the wife was in conflict. Two officers testified that the cooler hit the wife in the back or head. One officer stated that she was knocked to her knees by the blow. A third officer did not see the hitting. The defendant, his wife, and daughter all testified that the cooler did not hit the wife.

“ ‘Our responsibility on appeal is not to weigh the evidence and give a de novo opinion as to the weight of the evidence but merely to determine if there is sufficient evidence to authorize the trial court’s judgment’ [Cit.]” when that evidence is “viewed in the light favorable to the verdict.” Thomas v. State, 173 Ga. App. 810, 812 (2) (328 SE2d 422) (1985). The weight of the evidence and the credibility of the witnesses are questions for the factfinder. OCGA § 24-9-80; King v. State, 178 Ga. App. 343 (1) (343 SE2d 401) (1986); Burnette v. State, 165 Ga. App. 768, 769 (2) (302 SE2d 621) (1983). In making this determination, the factfinder may consider the relationship of the witnesses to the party involved and their feelings toward the party. OCGA § 24-9-68.

Here, the factfinder apparently chose to believe the testimony of the two officers, as was his prerogative. Kilgore v. State, 177 Ga. App. 656, 658 (1) (340 SE2d 640) (1986).

Although the wife denied the hitting, the factfinder may draw reasonable inferences from the evidence presented. OCGA § 24-4-9. The factfinder here could infer that some physical harm was inflicted, from the evidence that she was hit by the beer cooler thrown by appellant. Owens v. State, 173 Ga. App. 309, 312 (3) (326 SE2d 509) (1985). Thus the evidence supported the conviction beyond a reasonable doubt.

We note that on appeal the state argues that the evidence at least supports a conviction of making contact of an insulting or provoking nature, OCGA § 16-5-23 (a) (1). When a statute provides that an offense may be committed in more than one manner and the charge alludes to only one, the state must prove the offense charged. Owens, supra at 312 (4).

Judgment affirmed.

Deen, P. J., and Benham, J., concur. [*70] Roger G. Queen, District Attorney, for appellee.