Legal Opinion · Concurring in part, dissenting in part

WEAVER v. the STATE.

Court of Appeals of Georgia

Decided June 28, 2019No. A19A0016Published

1Concurring in part, dissenting in partRickman, Judge

*627I fully concur with Divisions 2, 3, and 4 (b) of the majority opinion, except for the last sentence of the opinion, and respectfully dissent as to Divisions 1 and 4 (a) because the State failed to carry its burden of proving the "seriously disfiguring" element of the offense of aggravated battery as charged in the indictment.

OCGA § 16-5-24 (a) sets forth three methods of committing aggravated battery - by "maliciously caus[ing] bodily harm to another [either] by depriving him or her of a member of his or her body, by rendering a member of his or her body useless, or by seriously disfiguring…

2Cases cited14 opinions

  1. Willis v. StateSupreme Court of Georgia · 2018
  2. Pollard v. StateCourt of Appeals of Georgia · 1998
  3. Christensen v. StateCourt of Appeals of Georgia · 2000
  4. Ganas v. StateCourt of Appeals of Georgia · 2000
  5. In the Interest of H. S.Court of Appeals of Georgia · 1991

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