Outz v. State

McFadden, Presiding Judge.

After a jury trial, Frankie Outz was convicted of family violence aggravated assault ( OCGA § 16-5-21 (i) ) and family violence aggravated battery ( OCGA § 16-5-24 (g) ). He appeals the denial of his motion for new trial, arguing that the evidence does not support his convictions because the state failed to prove that the victim was not his sibling, which it was required to do to invoke the family violence sentence enhancement provisions of the aggravated assault and aggravated battery statutes. But the circumstantial evidence allowed the jury to draw this…