Moses Echols v. State, A21A1712

Victim Terri McDougald-Howard and defendant Moses Lee Echols were formerly involved; relationship ended circa 2016.
In June 2018 Echols assaulted Howard in his apartment: sat on her, repeatedly struck her head, face, chest and nose; Howard could not breathe or see and was spitting up blood.
Photographs admitted at trial showed extensive facial injuries including a swollen lip, broken nose, and an open laceration on Howard’s throat.
After the attack Echols demanded a money order from Howard, threatened further violence, and she later went to the ER by ambulance.
Responding officer found dried blood on Echols’ hand and blood spatters in the home, including on the blade of a kitchen knife recovered by police.
Echols was convicted by a jury of robbery by intimidation, aggravated assault (family violence), and aggravated battery (family violence); he appealed arguing insufficient evidence as to aggravated assault (no proof of a knife) and aggravated battery (no proof he deprived Howard of her nose/use).

Issue	Plaintiff's Argument	Defendant's Argument	Held
Sufficiency of evidence for aggravated assault by deadly weapon (knife)	Echols: circumstantial evidence insufficient to prove a knife was used	State: blood on knife and throat laceration permit reasonable inference a knife caused the wound	Court: Evidence sufficient; jury could infer knife used from wound and blood on blade
Sufficiency of evidence for aggravated battery (depriving or rendering nose useless)	Echols: Howard’s testimony alone did not establish loss of use of her nose as required	State: victim testimony about broken nose, inability to breathe, need for corrective procedure suffices	Court: Evidence sufficient; victim competent to testify and testimony supported deprivation/loss of use

Solomon v. State, 342 Ga. App. 836 (2017) (standard of review for sufficiency on appeal)
Lattimer v. State, 231 Ga. App. 594 (1998) (circumstantial evidence may establish presence or appearance of deadly weapon)
Talley v. State, 209 Ga. App. 79 (1993) (victim’s wound and bleeding can support inference of sharp-edged weapon)
Zachery v. State, 153 Ga. App. 531 (1980) (nature of wounds allows jury to infer weapon type)
Pulliam v. State, 309 Ga. App. 477 (2011) (victims competent to testify about injuries, including broken bones)
Jones v. State, 283 Ga. App. 631 (2007) (loss of use may be shown without medical testimony)
Jones v. State, 294 Ga. App. 564 (2008) (victim testimony sufficient to show broken jaw)
Ganas v. State, 245 Ga. App. 645 (2000) (defendant breaking victim’s finger supported deprivation of member)