REGINALD MCKNIGHT, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court held that the evidence was sufficient to support the jury's determination that the defendant acted with the requisite intent and that his blow resulted in great bodily harm.
Appellant was convicted of aggravated battery after striking a seventy-year-old victim. The single blow resulted in extremely serious brain injury.…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Great Bodily Harm cases and more on FLexlaw
STONE, Judge.
Appellant was convicted of aggravated battery pursuant to section 784.045(1) Florida Statutes (1984). Although only a single blow was struck, the medical witness concluded that the punch resulted in extremely serious brain injury to the seventy year old victim.
Whether the evidence, in any given case, rises to the level of great bodily harm required by the statute is generally a question for the jury. Guthrie v. State, 407 So. 2d 357 (Fla. 5th DCA 1981); Owens v. State, 289 So. 2d 472 (Fla. 2d DCA 1974). We agree with those two cases. The extent and nature of a victim’s injuries vary according to the circumstances peculiar to each situation, such as the amount of force used or the manner of attack. In some cases the extent of injury may not be immediately apparent. Thus, the term “great bodily harm” does not lend itself to precise legal definition. People v. Smith, 6 Ill.App.3d 259, 285 N.E. 2d 460 (Ill.App.Ct 1972).
Here there was substantial competent evidence to support the determination that the defendant acted with the requisite intent and that his blow resulted in great bodily harm. We therefore affirm. Tibbs v. State, 397 So. 2d 1120 (Fla.1981), aff'd, 457 U.S. 31, 102 S.Ct. 2211, 72 L.Ed.2d 652 (1982).
WALDEN and GLICKSTEIN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Heck v. State, 774 So. 2d 844 (Fla. 4th DCA 2000)…tructions, viewed as a whole, fairly state the applicable law to the jury, the failure to give particular instructions will not be error.”). We conclude that the instructions, viewed as a whole, fairly state the applicable law. In McKnight v. State, 492 So. 2d 450 (Fla. 4th DCA 1986), we noted that there is no precise legal definition of “great bodily harm.” The definition used by the trial court was not erroneous and comported with the case law. However, we also conclude that even if the jury instruction wa…
-
Montero v. State, 225 So. 3d 340 (Fla. 3d DCA 2017)…ry question,” we look to the “extent and nature of a victim’s injuries,” the “circumstances peculiar to each situation,” the “amount of force used,” and “the manner of attack.” State v. Gee, 624 So. 2d 284, 285 (Fla. 2d DCA 1993); McKnight v. State, 492 So. 2d 450, 451 (Fla. 4th DCA 1986). Even a single punch to the face, reviewing these factors, can be enough to constitute an aggravated battery. See Gee, 624 So. 2d at 285 (reversing trial court’s dismissal where the facts showed “[a] crowded barroom confront…
-
C.M. v. State, 519 So. 2d 1098 (Fla. 3d DCA 1988)…resented substantial competent evidence to establish elements of aiding and abetting an aggravated battery, including evidence that the defendant acted with the requisite intent and that his acts resulted in great bodily harm. See McKnight v. State, 492 So. 2d 450 (Fla. 4th DCA 1986); Owens v. State, 289 So. 2d 472 (Fla.2d DCA 1974). Appellant’s additional points do not demonstrate reversible error. Affirmed.…
Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Tibbs v. Florida, 457 U.S. 31 (U.S. 1982)
- Delbert Lee Tibbs v. State, 397 So. 2d 1120 (Fla. 1981)
- Owens v. State, 289 So. 2d 472 (Fla. 2d DCA 1974)
- Guthrie v. State, 407 So. 2d 357 (Fla. 5th DCA 1981)