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White v. State

The trial court's jury charge on justification was not erroneous or misleading.

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Following a jury trial, Alphaeus White was convicted on one count of aggravated assault.1 He appeals his conviction and the denial of his motion for new trial, arguing that the trial court’s jury charge as to his defense of justification was confusing and erroneous. For the reasons set forth below, we affirm. Viewed in a light most favorable to the verdict, Davis v. State ,2 the record shows that late in the morning on March 2, 2005, White and his wife had gotten into an argument as a result of his wife refusing to give him some of the money they had received as a tax refund. In the early afternoon, as his wife was about to leave the couple’s home to run some errands with her daughter-in-law, White grabbed his wife by the hair and threw her against the kitchen sink. As he and his wife struggled, White grabbed a knife that was laying nearby and began threatening her. However, before White could harm her, the daughter-in-law, who had been making a cell phone call out in the garage, jumped on White’s back, causing him to release his wife. The daughter-in-law then ran and locked herself inside a nearby bathroom, where she called police. Subsequently, White tried to grab his wife again but was thwarted when she struck him on the head with a telephone. Police soon arrived and arrested White.

White was indicted on two counts of aggravated assault and two counts of making terroristic threats.3 At trial, White’s wife and her daughter-in-law testified as to the details of the altercation. In addition, White testified in his own defense, claiming that the altercation started when his wife hit him with the telephone and that he grabbed the knife in an effort to stop his wife from grabbing it first. At the trial’s conclusion, the jury found White guilty on the count of aggravated assault against his wife but found him not guilty on the count of aggravated assault against the daughter-in-law and not guilty on both counts of making terroristic threats. White filed a motion for new trial, which was denied after a hearing. This appeal followed.

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