Legal Opinion

McClain v. State

Court of Appeals of Georgia

Decided April 16, 1998No. A98A0096PublishedCited by 7 opinions

1Opinion of the Court

Smith, Judge.

Sherwin McClain was convicted by a jury of aggravated battery. OCGA § 16-5-24 (a). His motion for new trial was denied. He appeals, enumerating as error the general grounds and the trial court’s refusal to give a requested charge on reckless conduct. We affirm.

Viewed in the light most favorable to the jury’s verdict, the evidence showed the following: On December 5, 1995, as the victim was getting into his car, McClain threw a cupful of gasoline on him. McClain then struck a match and tossed it toward the victim, setting the victim and his car ablaze. As a result of McClain’s…

2Cases cited5 opinions

  1. Jackson v. VirginiaSupreme Court of the United States · 1979
  2. Bowers v. StateCourt of Appeals of Georgia · 1985
  3. Riley v. State.Court of Appeals of Georgia · 1987
  4. Perryman v. StateCourt of Appeals of Georgia · 1993
  5. Childers v. StateCourt of Appeals of Georgia · 1997

3Cited by7 opinions

  1. Gamble v. StateCourt of Appeals of Georgia · 1998
  2. Parnell v. StateCourt of Appeals of Georgia · 2006
  3. Jones v. StateCourt of Appeals of Georgia · 2003
  4. WILKERSON v. the STATE.Court of Appeals of Georgia · 2018
  5. Williams v. StateCourt of Appeals of Georgia · 2001

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