Brown v. State
313 Ga. App. 907
Ga. Ct. App.2012Background
- Brown, at a bar, was involved in a verbal altercation with another patron and was asked to leave by the bar manager.
- Brown left but returned 10–20 minutes later with a folding knife; the manager testified Brown retrieved the knife from his back pocket and the manager feared being stabbed.
- Brown refused to leave and threatened to 'get' the other patron; Brown lunged toward the patron, and the manager wrestled Brown for the knife, injuring the manager.
- The trial court, a nonjury bench trial, convicted Brown of aggravated assault and possession of a knife during the commission of a felony.
- Blade length was less than three inches; the court reversed the possession conviction but affirmed the aggravated assault conviction on sufficiency grounds (reasonable apprehension of immediate violence).
- The court held that Brown’s act of retrieving the knife placed the manager in reasonable apprehension of violent injury, and that the attempted harm to the patron was transferred to the manager for purposes of the aggravated assault conviction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for aggravated assault | Brown argues no assault with a deadly weapon or intent to harm. | State contends the act of displaying a knife created reasonable apprehension of immediate violence. | Evidence sufficient to sustain aggravated assault. |
| Sufficiency of evidence for possession of a knife during the commission of a felony | State acknowledges blade < 3 inches, challenging the conviction. | N/A | Conviction reversed for possession of a knife during the commission of a felony. |
Key Cases Cited
- Culler v. State, 277 Ga. 717 (2004) (transfer of intent in unlawful acts; supports reasonable apprehension element)
- Carter v. Slate, 248 Ga.App. 139 (2001) (victim's reasonable apprehension; defining aggravated assault)
- Williams v. State, 299 Ga.App. 345 (2009) (reasonable apprehension element; role in weapons cases)
- Brown v. State, 242 Ga.App. 347 (2000) (scope of aggravated assault with weapon or instrument)
- Ganaway v. State, 282 Ga. 297 (2007) (intent and necessity of proof for aggravated assault)