Feagin v. State
317 Ga. App. 543
| Ga. Ct. App. | 2012Background
- Feagin was convicted after a jury trial of aggravated battery, criminal trespass, and hindering an emergency telephone call.
- The trial court denied Feagin’s motion for new trial; he appeals challenging sufficiency of the evidence.
- On appeal, the court affirms aggravated battery and criminal trespass but reverses hindering an emergency call.
- The incident arose from a December 24, 2010 argument between Feagin and his sister, who housed Feagin and her children.
- Feagin grabbed and snapped the sister’s cell phone, caused injuries including a fractured eye socket, and was apprehended nearby after the incident.
- The victim testified she did not intend to call 9-1-1 during the incident; admissibility issues regarding a prior inconsistent statement affected the hindering conviction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of aggravated battery evidence | Feagin contends no serious disfigurement proven | State asserts severe eye injury constitutes serious disfigurement | Supported; jury could find serious disfigurement given eye socket fracture and swelling. |
| Sufficiency of criminal trespass evidence | Feagin damaged the victim’s property with consent dispute | Damage to cell phone shown by witness and photo suffices | Sufficient; breaking the phone and its value under $500 supported trespass. |
| Hindering an emergency telephone call evidence | Prior inconsistent statement admissible as substantive evidence | Foundation lacking; statement improperly admitted | Reversed; no proper evidence Feagin hindered a 9-1-1 call; prior statement inadmissible without foundation. |
Key Cases Cited
- Ferrell v. State, 283 Ga. App. 471 (Ga. App. 2007) (disfiguring threshold for aggravated battery; seriousness determined by jury on case-by-case basis)
- Williams v. State, 248 Ga. App. 316 (Ga. App. 2001) (serious disfigurement need not be permanent; requires more than superficial wound)
- Christensen v. State, 245 Ga. App. 165 (Ga. App. 2000) (eye socket fracture supports aggravated battery finding)
- Burrell v. State, 293 Ga. App. 540 (Ga. App. 2008) (circumstantial value of damages evidence admissible for trespass)
- Ginn v. State, 251 Ga. App. 159 (Ga. App. 2001) (damages to family property sufficient for trespass)
- Edmond v. State, 283 Ga. 507 (Ga. 2008) (proper foundation required for prior inconsistent statements)
- Duckworth v. State, 268 Ga. 566 (Ga. 1997) (proper use of prior inconsistent statements; foundation needed)
- Armour v. State, 265 Ga. App. 569 (Ga. App. 2004) (foundation required for prior inconsistent statements)
- Gibbons v. State, 248 Ga. 858 (Ga. 1982) (recognizes substantive use of prior inconsistent statements with proper foundation)
- Buchanan v. State, 282 Ga. App. 298 (Ga. App. 2006) (proper foundation for prior statements can permit admissibility)
- Patterson v. State, 287 Ga. App. 100 (Ga. App. 2007) (hearsay principles applicable to trial evidence)