604 S.E.2d 592 | Ga. Ct. App. | 2004
Tommie Lee Williams was convicted of one count of aggravated assault based on evidence that he beat his ex-wife with a two-by-four board, causing multiple injuries. He appeals from the denial of his motion for new trial, arguing that the trial court erred by denying his motion for a directed verdict of acquittal and by admitting photographs of the victim’s injuries as similar transaction evidence. We affirm.
“On appeal from a criminal conviction, we view the evidence in the light most favorable to the jury’s verdict, and the defendant no longer enjoys the presumption of innocence.”
Viewed in its proper light, the evidence shows that Williams began to abuse his wife physically in May 1989. On February 21, 1990, he beat her with a two-by-four board and a metal carpenter’s level, breaking her nose, cracking her ribs, and tearing the skin between her fingers, requiring stitches. Williams was convicted of aggravated assault as a result of the incident, and a certified copy of his conviction was admitted into evidence. The victim divorced Williams in 1991, but they later reconciled. On June 12, 1993, he battered her again. Williams told the victim that he would kill her if she called the police, because he was not going back to prison. A police officer who had been dispatched to the scene in 1993 testified that he observed bruises on her face and chest and that he saw a towel saturated with blood on the floor next to her.
The incident resulting in the conviction from which Williams appeals occurred on February 18,1994. This time, Williams beat the
1. A person commits the offense of aggravated assault when he assaults with a deadly weapon, which, when used offensively against a person, is likely to or actually does result in serious bodily injury.
2. Williams additionally contends that the trial court erred in admitting photographs showing the injuries the victim sustained in both of the similar transactions.
“The admission of photographs into evidence is a matter within the discretion of the trial court. Unless the potential for prejudice in the admission of evidence substantially outweighs its probative value, the Georgia rule favors the admission of any relevant evidence, no matter how slight its probative value.”
Judgment affirmed.
(Citation omitted.) Bates v. State, 259 Ga. App. 232, 233 (1) (576 SE2d 619) (2003).
Id., citing Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979).
OCGA §16-5-21 (a) (2).
OCGA § 24-4-8; (punctuation and footnote omitted) Harris v. State, 257 Ga. App. 42, 43 (1) (570 SE2d 353) (2002).
(Footnote omitted.) Armstead v. State, 255 Ga. App. 385, 386 (1) (565 SE2d 579) (2002).
(Punctuation and footnotes omitted.) Watkins v. State, 248 Ga. App. 412, 413 (2) (a) (546 SE2d 363) (2001).
Hawks v. State, 223 Ga. App. 890, 892 (3) (479 SE2d 186) (1996), citing Jefferson v. State, 206 Ga. App. 544, 548 (5) (425 SE2d 915) (1992).