Bagley v. State

Court of Appeals of Georgia

Bagley v. State

266 S.E.2d 804, 153 Ga. App. 777, 1980 Ga. App. LEXIS 1977

CourtCourt of Appeals of Georgia

DecidedMarch 7, 1980

Docket59426

StatusPublished

Cited by5 cases

This text of 266 S.E.2d 804 (Bagley v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Bagley v. State, 266 S.E.2d 804, 153 Ga. App. 777, 1980 Ga. App. LEXIS 1977 (Ga. Ct. App. 1980).

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Opinion

Quillian, Presiding Judge.

The defendant appeals his conviction for aggravated assault. He contends the trial judge erred in charging the substance of Code Ann. § 26-902 (b) (CCG§ 26-902 (b); Ga. L. 1968, pp. 1249, 1272) because there was no evidence that the defendant and the person he stabbed were "engaged in a combat by agreement.” Held:

"Even though not every phrase and portion of the Code section be applicable, it is generally held that a new trial will not be granted if the court gave in charge an entire statute or Code provision where a part thereof is applicable even though a part may be inapplicable under *778 the facts in evidence.” Rowles v. State, 143 Ga. App. 553, 557 (3) (239 SE2d 164). Accord, Pippin v. State, 205 Ga. 316 (9) (53 SE2d 482). Hence, it was not reversible error for the trial judge to give a charge on Code Ann. § 26-902 (b), parts of which were applicable to the factual situation, even though a portion thereof was not specifically pertinent. Highland v. State, 127 Ga. App. 518, 519 (1) (194 SE2d 332); Harrison v. State, 138 Ga. App. 419, 420 (2) (226 SE2d 480); Ford v. State, 232 Ga. 511, 517 (12) (207 SE2d 494).

Submitted February 13, 1980 Decided March 7, 1980. T. Peter O’Callaghan, Jr., for appellant. William A. Foster, III, District Attorney, Daniel J. Sammons, Assistant District Attorney, for appellee.

Judgment affirmed.

Shulman and Carley, JJ., concur.

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Quillian, Presiding Judge.

The defendant appeals his conviction for aggravated assault. He contends the trial judge erred in charging the substance of Code Ann. § 26-902 (b) (CCG§ 26-902 (b); Ga. L. 1968, pp. 1249, 1272) because there was no evidence that the defendant and the person he stabbed were "engaged in a combat by agreement.” Held:

"Even though not every phrase and portion of the Code section be applicable, it is generally held that a new trial will not be granted if the court gave in charge an entire statute or Code provision where a part thereof is applicable even though a part may be inapplicable under *778 the facts in evidence.” Rowles v. State, 143 Ga. App. 553, 557 (3) (239 SE2d 164). Accord, Pippin v. State, 205 Ga. 316 (9) (53 SE2d 482). Hence, it was not reversible error for the trial judge to give a charge on Code Ann. § 26-902 (b), parts of which were applicable to the factual situation, even though a portion thereof was not specifically pertinent. Highland v. State, 127 Ga. App. 518, 519 (1) (194 SE2d 332); Harrison v. State, 138 Ga. App. 419, 420 (2) (226 SE2d 480); Ford v. State, 232 Ga. 511, 517 (12) (207 SE2d 494).

Submitted February 13, 1980 Decided March 7, 1980. T. Peter O’Callaghan, Jr., for appellant. William A. Foster, III, District Attorney, Daniel J. Sammons, Assistant District Attorney, for appellee.

Judgment affirmed.

Shulman and Carley, JJ., concur.

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266 S.E.2d 804, 153 Ga. App. 777, 1980 Ga. App. LEXIS 1977, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bagley-v-state-gactapp-1980.

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