Grace v. State

In Grace v. State, 262 Ga. 746, 747-748 (2) (425 S.E.2d 865) (1993), our Supreme Court concluded that the evidence established that the defendant had committed both an aggravated assault and an aggravated battery of Warren Jackson during an armed robbery. In Grace, the evidence showed that Jackson, the cash register operator, was shot between his eyes after ringing up a sale. The force of the gunshot knocked Jackson to the floor where he heard his co-worker plead for his life and then heard a second gunshot. Jackson was then shot a second time. Id. The State argued that the aggravated battery was established by evidence of the first shot, which blinded Jackson in one eye, and that the second shot constituted an aggravated assault. The court agreed, concluding that "the evidence used to prove the commission of the aggravated assault was not used at all in proving the commission of the aggravated battery." Id. at 748 (2).