Johnson v. State

Deen, Presiding Judge.

Appellant Johnson was indicted on a charge of aggravated battery and convicted of the lesser included offense of simple battery in connection with the beating of his wife, subsequently deceased. He appeals from this judgment, alleging that the trial court erred in failing to grant a directed verdict of acquittal and that the evidence was insufficient to sustain a guilty verdict on the lesser included offense. Held:

Appellant, a six-foot, one-hundred-ninety-pound man, had a reputation — with family, friends, and local police alike — for regularly engaging in physical…