Bostic v. State

Court of Appeals of Georgia

Bostic v. State

278 S.E.2d 97, 157 Ga. App. 445, 1981 Ga. App. LEXIS 1863

CourtCourt of Appeals of Georgia

DecidedFebruary 10, 1981

Docket61129

StatusPublished

Cited by1 cases

This text of 278 S.E.2d 97 (Bostic 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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Bostic v. State, 278 S.E.2d 97, 157 Ga. App. 445, 1981 Ga. App. LEXIS 1863 (Ga. Ct. App. 1981).

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Opinion

Deen, Presiding Judge.

Joe Bostic brings this appeal from his conviction of aggravated assault following the denial of his motion for a new trial.

1. The trial court did not err in overruling the defendant’s objection and allowing the victim to testify that the loss of the vision in his right eye was a result of being shot in the head by the defendant. The court ruled that he could testify as to whether or not any incident caused him to be blind. Such testimony was admissible as an observation. Van Gundy v. Wilson, 84 Ga. App. 429 (6) (66 SE2d 93) (1951). Appellant did not deny that he seriously wounded the witness in the head with a gun, but claimed that he acted in self-defense. We, therefore, do not see how the witness’ answer to the question could have been harmful to him.

2. The general grounds are also without merit. As appellant claimed that he acted in self-defense when the witness attacked him with a “hawk-bill” knife and a police officer testified that he did not find a knife at the scene of the crime, the issue of the credibility of the witnesses is entirely within the province of the jury. Redd v. State, 154 Ga. App. 373 (268 SE2d 423) (1980). The evidence was clearly sufficient for a rational trier of fact to find that the defendant was guilty beyond a reasonable doubt. Black v. State, 154 Ga. App. 441 (268 SE2d 724) (1980).

Judgment affirmed.

Banke and Carley, JJ., concur.

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Deen, Presiding Judge.

Joe Bostic brings this appeal from his conviction of aggravated assault following the denial of his motion for a new trial.

1. The trial court did not err in overruling the defendant’s objection and allowing the victim to testify that the loss of the vision in his right eye was a result of being shot in the head by the defendant. The court ruled that he could testify as to whether or not any incident caused him to be blind. Such testimony was admissible as an observation. Van Gundy v. Wilson, 84 Ga. App. 429 (6) (66 SE2d 93) (1951). Appellant did not deny that he seriously wounded the witness in the head with a gun, but claimed that he acted in self-defense. We, therefore, do not see how the witness’ answer to the question could have been harmful to him.

2. The general grounds are also without merit. As appellant claimed that he acted in self-defense when the witness attacked him with a “hawk-bill” knife and a police officer testified that he did not find a knife at the scene of the crime, the issue of the credibility of the witnesses is entirely within the province of the jury. Redd v. State, 154 Ga. App. 373 (268 SE2d 423) (1980). The evidence was clearly sufficient for a rational trier of fact to find that the defendant was guilty beyond a reasonable doubt. Black v. State, 154 Ga. App. 441 (268 SE2d 724) (1980).

Judgment affirmed.

Banke and Carley, JJ., concur.

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278 S.E.2d 97, 157 Ga. App. 445, 1981 Ga. App. LEXIS 1863, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bostic-v-state-gactapp-1981.

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