Hargis v. the State (2015)

But see Chynoweth v. State, 331 Ga. App. 123, 128 (3) ( 768 SE2d 536 ) (2015) (To determine whether intent is actually in issue in a case, “[t]he test is to ask: under the facts of the case, is there any danger that a rational jury could find that although the defendant committed the objective, charged acts, he did not intend to do so?”) (citation and punctuation omitted).

See Chynoweth v. State, 331 Ga. App. 123, 125 (1) ( 768 SE2d 536 ) (2015) (“It is sufficient for the State to show that a crime was committed in any one of the separate ways listed in the indictment, even if the indictment uses the conjunctive rather than disjunctive form.”) (citation and punctuation omitted).

Thompson v. State, 358 Ga. App. 553 , 556 (1) ( 855 SE2d 756 ) (2021); accord Chynoweth v. State, 331 Ga. App. 123, 125 (1) ( 768 SE2d 536 ) (2015) (“It is sufficient for the State to show that a crime was committed in any one of the separate ways listed in the indictment, even if the indictment uses the conjunctive rather than disjunctive form.”) (citation and punctuation omitted). 14 drive “criminally negligently” or even that Holley “intended” to fail to yield the right o…

When applying the Rule 403 balancing test to other acts evidence of intent, the inquiry as to prosecutorial need focuses on whether there is any “danger that a rational jury could find that although the defendant committed the objective, charged acts, he did not intend to do so.” Sloan, 351 Ga. App. at 209 (2) (e) (i) (citation and punctuation omitted); accord Chynoweth v. State, 331 Ga. App. 123, 128 (3) ( 768 SE2d 536 ) (2015) (citing Paul S. Milich, Ga. Rules of Evidence,…

First, Martin did not take any affirmative steps at trial to remove intent as an issue by specifically adopting a strategy of self-defense.6 See, e.g., Parks v. State, 300 Ga. 303, 307 (2) ( 794 SE2d 623 ) (2016) (“Since the defendant admitted the shooting and claimed only that in doing so he acted in self-defense, the only factual issue in the case was whether that was the reason for the admitted act.”) (citation and punctuation omitted; emphasis supplied); see also Chynowe…

See also Chynoweth *68 v. State, 331 Ga. App. 123, 126 (2) ( 768 SE2d 536 ) (2015) (finding that the rule of lenity was not implicated by convictions for riot in a penal institution and felony obstruction). 15 See Banta, 281 Ga. at 618 (2). 16 See OCGA §§ 16-5-1 (e) (1); 16-10-24 (b). 17 Banta, 281 Ga. at 618 (2). 18 See, e.g., Dawkins v. State, 278 Ga. App. 343, 345 ( 629 SE2d 45 ) (2006) (recognizing that it is not possible to give a false name to a police officer in viola…

He may not, however, be convicted of more than one crime if[ ] [o]ne crime is included in the other . . . .”); Banta, 281 Ga. at 618 (2). 18 Banta, 281 Ga. at 618 (2); see also State v. Tiraboschi, 269 Ga. 812, 813-14 ( 504 SE2d 689 ) (1998). 19 Banta, 281 Ga. at 618 (2); see also Young v. State, 280 Ga. 65, 66-67 (2) (623 SB2d 491) (2005); Montes v. State, 262 Ga. 473, 474 (1) ( 421 SE2d 710 ) (1992). 20 281 Ga. 211 ( 636 SE2d 530 ) (2006). 21 Id. at 214 ; see also Blockbur…