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Seymore v. State

Ample evidence from testimony and photographs supported a finding that the victim's injuries were seriously disfiguring.

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Jamaal B. Seymore appeals his conviction for aggravated battery, arguing that the trial judge erred in failing to instruct the jury as to the level of severity of the victim’s injuries necessary to constitute serious disfigurement. Finding no error, we affirm. Viewed in a light most favorable to the verdict,1 the record reflects that on November 17, 2001, Seymore beat up the victim, Melvin Pope, following an altercation over Pope’s girlfriend, Savannah Kirkwood. The attack occurred in the bathroom of a hotel room where Kirkwood, Pope, and several others were partying. The victim identified Seymore as his attacker. Kirkwood testified that she saw Seymore punching and kicking Pope; and that a couple of days before this incident, Seymore had threatened to beat Pope up because he believed that Pope was “no good” for Kirkwood. Christopher Deen, who was present at the hotel room, also testified that he witnessed Seymore punching Pope in the face. Deen testified that after Seymore “stopped his onslaught” on Pope and took off, Deen carried the victim downstairs and accompanied him to the hospital; that Pope seemed disoriented; and that by the time they reached the hospital, Deen’s shirt was soaked with Pope’s blood. The state also introduced into evidence photographs showing the injuries to the victim’s face and head. In the attack, Pope suffered a broken nose and scars on his face; he required stitches over his eyes; his face was swollen and was covered in blood; and his eyes were swollen shut for four to five days. Pope testified that he was still suffering from the effects of the attack at the time of trial.

Seymore testified and asserted a justification defense. He admitted that he asked Pope to come into the bathroom with him, but he claimed that Pope told him to stay away from Kirkwood and then poked him in the chest; when Seymore slapped Pope’s hand away, Pope attacked him with a knife, and a fight ensued.

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