Keaton v. State

Court of Appeals of Georgia

Keaton v. State

388 S.E.2d 737, 193 Ga. App. 603, 1989 Ga. App. LEXIS 1570

CourtCourt of Appeals of Georgia

DecidedNovember 20, 1989

DocketA89A1594

StatusPublished

Cited by4 cases

This text of 388 S.E.2d 737 (Keaton 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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Keaton v. State, 388 S.E.2d 737, 193 Ga. App. 603, 1989 Ga. App. LEXIS 1570 (Ga. Ct. App. 1989).

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Opinion

Benham, Judge.

The sole issue in this case is whether appellant’s conviction for aggravated battery merges as a matter of fact with his conviction for armed robbery. We find it does not, and affirm.

The evidence of record authorized the jury to find that appellant entered a store, menaced the proprietress with a knife while telling her she would not be hurt if she gave him all the money in the store, required her to take the money from the register and hand it to him, then directed her to enter a storeroom, where he stabbed her numerous times, causing permanent injuries. Since the evidence shows that the robbery was complete before the stabbings occurred, and the evidence of neither offense was necessary to prove the other, there is no merger. McCulligh v. State, 169 Ga. App. 717 (4) (314 SE2d 724) (1984); Dunbar v. State, 163 Ga. App. 243 (2) (292 SE2d 897) (1982); Miller v. State, 155 Ga. App. 54 (5) (270 SE2d 466) (1980).

Judgment affirmed.

Deen, P. J., and Birdsong, J., concur.

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Benham, Judge.

The sole issue in this case is whether appellant’s conviction for aggravated battery merges as a matter of fact with his conviction for armed robbery. We find it does not, and affirm.

The evidence of record authorized the jury to find that appellant entered a store, menaced the proprietress with a knife while telling her she would not be hurt if she gave him all the money in the store, required her to take the money from the register and hand it to him, then directed her to enter a storeroom, where he stabbed her numerous times, causing permanent injuries. Since the evidence shows that the robbery was complete before the stabbings occurred, and the evidence of neither offense was necessary to prove the other, there is no merger. McCulligh v. State, 169 Ga. App. 717 (4) (314 SE2d 724) (1984); Dunbar v. State, 163 Ga. App. 243 (2) (292 SE2d 897) (1982); Miller v. State, 155 Ga. App. 54 (5) (270 SE2d 466) (1980).

Judgment affirmed.

Deen, P. J., and Birdsong, J., concur.

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388 S.E.2d 737, 193 Ga. App. 603, 1989 Ga. App. LEXIS 1570, Counsel Stack Legal Research, https://law.counselstack.com/opinion/keaton-v-state-gactapp-1989.

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