Skinner v. State, 318 Ga. App. 217

Skinner and Dowdell, co-defendants, were convicted of aggravated assault and violating the Street Gang Terrorism and Prevention Act; Dowdell was also convicted of carrying a pistol without a license and carrying a concealed weapon.
The offenses arose from a July 2009 nightclub altercation where Skinner and Dowdell, members of the Black Gangster Disciples, flashed gang hand signs and bumped into patrons.
During the melee, Moore, a non-gang-affiliated patron, was assaulted, and Dowdell displayed a pistol which he later discarded in a parking lot.
Moore was hospitalized; Skinner and Dowdell were arrested and charged; the two cases were tried together and subsequently appealed.
On appeal, Skinner challenges hearsay foundation for demonstrative exhibits and the Gang Act jury instruction; Dowdell challenges sufficiency of evidence for pistol without a license and a comment about a witness deal.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Hearsay foundation for demonstratives	Skinner	Skinner	Harmless error; cumulative evidence rendered no reversible harm
Gang Act jury instruction adequacy	Skinner	Skinner	Charge correct; no plain error
Sufficiency for pistol without a license	Dowdell	Dowdell	Evidence supports lack of license on person; sufficient to convict
State's comment on witness deal	Dowdell	Dowdell	No reversible error; no improper concession outweighs the record

Short v. State, 234 Ga. App. 633 (Ga. App. 1998) (recognizes hearsay may be cumulative and harmless)
Rankin v. State, 278 Ga. 704 (Ga. 2004) (jury instructions must be read as a whole)
Rodriguez v. State, 284 Ga. 803 (Ga. 2009) (nexus through 'through' in statute)
Rutledge v. State, 245 Ga. 768 (Ga. 1980) (harm as well as error required for confrontation issues)
In the Interest of T. S., 317 Ga. App. 683 (Ga. App. 2012) (harm as well as error analysis for confrontational issues)