Cline v. State, 405 S.E.2d 524 (Ga. Ct. App. 1991). · Go Syfert
Cline v. State, 405 S.E.2d 524 (Ga. Ct. App. 1991). Cases Citing This Book View Copy Cite
“aggravated assault committed by means of a deadly or offensive weapon . . . requires only a general criminal intent”
45 citation events (32 in the last 25 years) across 2 distinct courts.
Strongest positive: Wilson v. the State (gactapp, 2016-03-11)
Treatment trajectory · 1992 → 2026 · click a year to view as-of
1992 2009 2026
Top citers, strongest first. 18 distinct citers. How cited ↗
discussed Cited as authority (quoted) Wilson v. the State (2×) also: Cited "see"
Ga. Ct. App. · 2016 · signal: see · quote attribution · 1 verbatim quote · confidence high
aggravated assault committed by means of a deadly or offensive weapon . . . requires only a general criminal intent
discussed Cited as authority (rule) Young v. the State
Ga. Ct. App. · 2015 · confidence medium
Nevertheless, Young argues that the state failed to show that he “knowingly made this assault,” pointing to evidence of his “ ‘bizarre’ behaviors and mental instability.” Because he cites no authority to support this argument, however, it is not clear whether Young is arguing that he lacked the necessary criminal intent to commit the offense of aggravated assault, see generally Cline v. State, 199 Ga. App. 532, 533 (2) ( 405 SE2d 524 ) (1991) (describing criminal intent required for aggravated assault), that he lacked the capacity to distinguish between right and wrong in relation …
discussed Cited as authority (rule) Port v. State
Ga. Ct. App. · 2008 · confidence medium
See also Turner v. State, 253 Ga. App. 760, 761 (1) ( 560 SE2d 539 ) (2002) (“To prove false imprisonment all that is required is there be an arrest, confinement or detention of the person, without legal authority, which violates the person’s personal liberty (i.e., against his or her will).”) (punctuation and footnote omitted); Wroge v. State, 278 Ga. App. 753, 754 (1) ( 629 SE2d 596 ) (2006) (the commission of a simple assault requires only that the defendant caused the victim reasonable apprehension of immediately receiving violent injury, not that the defendant specifically intended …
discussed Cited as authority (rule) Isaiah Jordan v. Tommy Mosley
11th Cir. · 2007 · confidence medium
Although intent must be proved for a conviction in Georgia, a person can be convicted for a general intent offense without direct evidence of intent because "general intent may be inferred from the conduct of the accused.” Prine v. State, 237 Ga.App. 679 , 515 S.E.2d 425, 427 (1999); Cline v. State, 199 Ga.App. 532 , 405 S.E.2d 524, 525 (1991) (noting that criminal intent may be inferred from circumstances connected with the accused's crime); Council of Superior Court Judges of Georgia, 2 Georgia Suggested Pattern Jury Instructions: Criminal Cases 1.41.10 (2006) ("[Intent] may be inferred fr…
discussed Cited as authority (rule) Bishop v. State
Ga. Ct. App. · 2004 · confidence medium
Cline v. State, 199 Ga. App. 532, 533 (2) ( 405 SE2d 524 ) (1991). *132 The existence of criminal intent may be inferred by the trier of fact “upon consideration of the words, conduct, demeanor, motive, and all other circumstances connected with the act for which the accused is prosecuted.” OCGA § 16-2-6.
discussed Cited as authority (rule) Frayall v. State
Ga. Ct. App. · 2003 · confidence medium
Barnes and Adams, JJ, concur. 1 Frayall also was convicted of no proof of insurance, but she does not challenge this conviction on appeal. 2 See Durrance v. State, 250 Ga. App. 185, 187 (2) ( 549 SE2d 406 ) (2001); Bogan v. State, 249 Ga. App. 242, 243 (1) ( 547 SE2d 326 ) (2001); Reynolds v. State, 234 Ga. App. 884, 885 (1) (b) ( 508 SE2d 674 ) (1998). 3 Thomas v. State, 255 Ga. App. 777, 778 (1) ( 567 SE2d 72 ) (2002). 4 See Brown v. State, 254 Ga. App. 345, 346 (1) ( 562 SE2d 513 ) (2002) (“ ‘The credibility of the witnesses and the weight to be given the evidence are the sole province …
discussed Cited as authority (rule) Freeman v. State
Ga. Ct. App. · 2002 · confidence medium
Andrews, P. J., and Phipps, J., concur. 1 Grant v. State, 248 Ga. App. 203 (1) ( 546 SE2d 339 ) (2001), citing Kovacs v. State, 227 Ga. App. 870 -871 (1) ( 490 SE2d 539 ) (1997). 2 Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979). 3 Cline v. State, 199 Ga. App. 532, 533 (2) ( 405 SE2d 524 ) (1991). 4 Id. 5 Scott v. State, 227 Ga. App. 900, 902 (4) (d) ( 490 SE2d 208 ) (1997). 6 Gober v. State, 249 Ga. App. 168, 173 (3) ( 547 SE2d 656 ) (2001). 7 Howe v. State, 250 Ga. 811, 813 (2) ( 301 SE2d 280 ) (1983).
discussed Cited as authority (rule) Durrance v. State
Ga. Ct. App. · 2001 · confidence medium
J., and Pope, P. J., concur. 1 (Punctuation omitted.) Sparks v. State, 232 Ga. App. 179, 182 (3) (a) ( 501 SE2d 562 ) (1998). 2 Horne v. State, 237 Ga. App. 844 -845 (1) ( 517 SE2d 74 ) (1999). 3 Ringo v. State, 236 Ga. App. 38, 39 ( 510 SE2d 893 ) (1999). 4 Cline v. State, 199 Ga. App. 532, 533-534 ( 405 SE2d 524 ) (1991). 5 Id. at 533 . 6 Blalock v. State, 165 Ga. App. 269, 270 ( 299 SE2d 753 ) (1983). 7 Banks v. State, 169 Ga. App. 571, 572 ( 314 SE2d 235 ) (1984); Quarles v. State, 130 Ga. App. 756 (2) ( 204 SE2d 467 ) (1974). 8 Cline, supra. See also Anderson v. State, 254 Ga. 470, 472 (2…
cited Cited as authority (rule) Bogan v. State
Ga. Ct. App. · 2001 · confidence medium
See Court of Appeals Rule 27 (c) (2); Cline v. State, 199 Ga. App. 532, 533 (1) ( 405 SE2d 524 ) (1991).
discussed Cited as authority (rule) Peterson v. State
Ga. Ct. App. · 1992 · confidence medium
“Criminal intent rarely can be proved by direct evidence, but its existence may be inferred by the trier of fact ‘upon consideration of the words, conduct, demeanor, motive, and all other circumstances connected with the act for which the accused is prosecuted.’ [Cit.]” Cline v. State, 199 Ga. App. 532, 533 (2) ( 405 SE2d 524 ) (1991).
examined Cited "see" Adams v. State (4×)
Ga. Ct. App. · 2008 · signal: see · confidence high
J., and Johnson, P. J., concur. 1 See Jackson v. State, 252 Ga. App. 268 (1) ( 555 SE2d 908 ) (2001). 2 Woods v. State, 275 Ga. App. 471 ( 620 SE2d 660 ) (2005). 3 Id. 4 OCGA § 16-5-21 (a) (2). 5 Scott v. State, 268 Ga. App. 889, 891 (b) ( 602 SE2d 893 ) (2004). 6 Brinson v. State, 272 Ga. 345, 347 (1) ( 529 SE2d 129 ) (2000), citing OCGA § 16-5-21. 7 Jackson v. State, 276 Ga. 408, 411 (2) ( 577 SE2d 570 ) (2003), citing OCGA § 16-5-20 (a) (1), (2) (punctuation omitted). 8 See Dunagan v. State, 269 Ga. 590, 593 (2) (a) ( 502 SE2d 726 ) (1998). 9 See OCGA § 16-2-6. 10 Adams v. State, 280 Ga…
discussed Cited "see" Knox v. State (2×)
Ga. Ct. App. · 2002 · signal: see · confidence high
See Cline v. State, 199 Ga. App. 532, 534 (2) ( 405 SE2d 524 ) (1991).
discussed Cited "see" Mathis v. State (2×)
Ga. Ct. App. · 2000 · signal: see · confidence high
See Cline v. State, 199 Ga. App. 532, 533 (2) ( 405 SE2d 524 ) (1991).
discussed Cited "see" Roberts v. State (2×)
Ga. Ct. App. · 1994 · signal: see · confidence high
See Cline v. State, 199 Ga. App. 532 (1) ( 405 SE2d 524 ). 2.
discussed Cited "see" Turner v. State (2×)
Ga. Ct. App. · 1992 · signal: see · confidence high
Here, “[t]he transcript shows the State presented evidence of all the elements of aggravated assault by a deadly weapon, as defined by OCGA § 16-5-21 (a) (2), and thus the evidence was sufficient to convict defendant of that offense and the offense of possession of a firearm during the commission of a felony.” Collins, supra at 677 ; see generally Cline v. State, 199 Ga. App. 532 ( 405 SE2d 524 ) (1991).
discussed Cited "see, e.g." Barry Mullins v. State (2×)
Ga. Ct. App. · 2022 · signal: see also · confidence medium
See also Cline v. State, 199 Ga. App. 532, 533 (2) ( 405 SE2d 524 ) (1991) (aggravated assault committed by means of a deadly or offensive weapon requires general criminal intent).
discussed Cited "see, e.g." Montford v. State (2×)
Ga. Ct. App. · 2002 · signal: compare · confidence low
Compare Cline v. State, 199 Ga. App. 532 ( 405 SE2d 524 ) (1991) (evidence supported conclusion in a high-speed chase that after first attempting to avoid police car, defendant turned back toward car). (b) Nor is there evidence sufficient to show that Gibson apprehended that he was in danger of immediately receiving a violent injury.
discussed Cited "see, e.g." Reynolds v. State (2×)
Ga. Ct. App. · 1998 · signal: see also · confidence low
See also Cline v. State, 199 Ga. App. 532 ( 405 SE2d 524 ) (1991); Butler v. State, 196 Ga. App. 706 ( 396 SE2d 916 ) (1990). 2.
Retrieving the full opinion text from the archive…
Cline
v.
the State
A91A0159.
Court of Appeals of Georgia.
Apr 9, 1991.
405 S.E.2d 524
Philip C. Smith, for appellant., Garry T. Moss, District Attorney, C. David Gafnea, Assistant District Attorney, for appellee.
Birdsong, Cooper, Andrews, Pope.
Cited by 20 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 83%
Citer courts: Court of Appeals of Georgia (1)
Birdsong, Presiding Judge.

Danny Cline has filed a notice of appeal from the order of the trial court denying his motion for new trial. He also appeals the judg[*533] ment of conviction of fleeing and eluding, reckless driving, aggravated assault, criminal interference with government property, and being a recidivist. Further, he appeals his sentence. On appeal appellant’s sole enumeration of error is want of sufficiency of evidence. Appellant expressly argues that the record does not contain any evidence of intent necessary to support his conviction of aggravated assault. Held:

1. Appellant has not argued or submitted citations of authority in his appellate brief regarding the issue of the recidivist count recited in the notice of appeal; accordingly, that issue, if it was intended to be encompassed in appellant’s broad enumeration of errors, has been abandoned. Court of Appeals Rule 15 (c).

2. Simple assault is an essential element of aggravated assault under OCGA § 16-5-21 (a). However, aggravated assault committed by means of a deadly or offensive weapon (OCGA § 16-5-21 (a) (2)), unlike aggravated assault committed with the intent to murder, rape or rob, does not require a specific criminal intent (compare McWilliams v. State, 172 Ga. App. 55 (2) (322 SE2d 87)); rather it requires only a general criminal intent such as defined in OCGA § 16-2-1, which in the case of simple assault under OCGA § 16-5-20 (a) (1), is a general intent to injure (see Watkins v. State, 254 Ga. 267, 269 (2) (328 SE2d 537)). General intent to injure may be proven by circumstantial evidence and is a question of fact for the trier of fact to determine. See generally OCGA § 16-2-6; Daughtry v. State, 180 Ga. App. 711, 712 (1) (350 SE2d 53). Criminal intent rarely can be proved by direct evidence, but its existence may be inferred by the trier of fact “upon consideration of the words, conduct, demeanor, motive, and all other circumstances connected with the act for which the accused is prosecuted.” OCGA § 16-2-6. Further, the triers of fact may infer, if they wish to do so, that a person of sound mind and discretion intends the natural and probable consequences of his knowing acts. See Parker v. State, 256 Ga. 363 (1) (349 SE2d 379). Whether any such inference is made is solely a matter within the factfinder’s discretion, and any such inference is rebuttable. See Parker, supra at 365 (1). Mere innocent contact, as a matter of law, does not include an intent to injure. Watkins, supra at 269. Whether contact is innocent usually presents a question of fact.

“A person commits the offense of aggravated assault when he assaults ... (2) With a deadly weapon or with any object, device or instrument which, when used offensively against a person, is likely to or actually does result in serious bodily injury.” (Emphasis supplied.) OCGA § 16-5-21 (a). As aggravated assault includes the elements of a simple assault, it is essential that an aggravated assault by automobile, under OCGA § 16-5-21 (a) (2), be committed with a general intent to injure. Watkins, supra at 269. “Although an automobile is not per se a deadly or offensive weapon, it may become one depending on[*534] the manner and means of the vehicle’s use. [Cit.] The question of whether an automobile, or other instrumentality, has been used so as to constitute a deadly or offensive weapon is properly for the jury’s determination.” Spaulding v. State, 185 Ga. App. 812, 813 (1) (366 SE2d 174); compare Payne v. State, 195 Ga. App. 523 (4) (394 SE2d 781); Blalock v. State, 165 Ga. App. 269 (299 SE2d 753); and Craft v. State, 158 Ga. App. 745 (2) (282 SE2d 203). “The fact that a suspect flees the scene of a crime points to the question of guilt in a circumstantial manner.” Renner v. State, 260 Ga. 515, 517 (3) (b) (397 SE2d 683).

Police officers went to appellant’s home on business; appellant drove by, saw the police, and fled. The police followed in lawful pursuit. Appellant drove his vehicle in speeds reaching 105 miles per hour, and went through an intersection at 100 miles per hour. At one point appellant went through a four-way stop sign at a high rate of speed and shortly thereafter executed a power slide turn. Deputy Sheriff Hendrixson spotted appellant and attempted to intercept him. Hendrixson positioned his car in front of appellant’s and attempted a rolling roadblock by gradually slowing down and changing lanes whenever appellant changed lanes. The maneuver failed. Hendrixson then attempted a partial roadblock, which gave appellant the option to stop or to go safely around the patrol car. The partial roadblock was initiated “a good two hundred yards” in front of appellant’s approaching vehicle, and Hendrixson’s headlights and emergency lights were on. Appellant first reacted as if he would stop; appellant next reacted as if he were going to go around Hendrixson and, at this point, appellant’s headlights did not illuminate the patrol car; then Hendrixson saw appellant’s light beams “adjust” and illuminate the inside of the patrol car, and the patrol car was struck with Hendrix-son inside. Appellant continued driving north, and the police “gave chase.” The chase ended only after appellant wrecked his car. The collision resulted in major damage to the rear of the Cherokee County patrol car driven by Hendrixson. Two loaded pistols were found on the front seat of appellant’s car. At the time of the incident, appellant had a prior felony conviction for aggravated assault.

The evidence here was sufficient to enable any rational trier of fact to find appellant harbored the requisite criminal intent to commit aggravated assault beyond a reasonable doubt. See Division 3, below.

3. On appeal the evidence must be viewed in the light most favorable to support the verdict, and appellant no longer enjoys a presumption of innocence; moreover, an appellate court determines evidence sufficiency and does not weigh the evidence or determine witness credibility. Grant v. State, 195 Ga. App. 463 (1) (393 SE2d 737). Review of the transcript in a light most favorable to the jury’s verdict[*535] reveals ample evidence from which any rational trier of fact could have found beyond a reasonable doubt that appellant was guilty of the offenses of which he was convicted. Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560).

Decided April 9, 1991. Philip C. Smith, for appellant. Garry T. Moss, District Attorney, C. David Gafnea, Assistant District Attorney, for appellee.

Judgment affirmed.

Cooper and Andrews, JJ., concur. Pope, J., disqualified.