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Perryv.State

CourtCourt of Appeals of Georgia
Docket No.A22A1301
DecidedJanuary 5, 2023
Reporter366 Ga. App. 341; 883 S.E.2d 27; 2023 Ga. App. LEXIS 5; 2023 WL 109377
JudgesMcFadden, P. J.; Gobeil and Land, JJ., concurring.
Tags
CriminalAggravated BatteryJustificationSelf-DefenseJury InstructionsPlain ErrorBurden to Disprove JustificationTales From the CryptMurder & Mayhem
Case Summary

At a late-night gathering around a fire barrel, Shalynda Perry and Kenyatta Simmons gave conflicting accounts of how Simmons suffered severe stomach burns: Simmons said Perry pushed her in without provocation, while Perry said she was defending herself from Simmons’s bottle attack. A jury convicted Perry of aggravated assault and aggravated battery, and the trial court denied her motion for a new trial. The Court of Appeals held the evidence sufficient for aggravated battery because the jury could credit Simmons’s account and infer malicious intent; the assault count merged into the battery conviction. But the self-defense issue was central, and the court plainly erred by omitting that the State had to disprove justification beyond a reasonable doubt; no other witnesses saw how the fight began. The court reversed the denial of a new trial, while explaining that the sufficient evidence permits retrial.

Opinion

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