CRIMINAL: JOHNSON V. COM. (COA 9/29/2006)

Posted by Michael Stevens | Oct 11, 2006 | COA Decisions, Criminal Law | 0 |

JOHNSON V. COM.
CRIMINAL: Crimes (Assault I)
2005-CA-002215
PUBLISHED: AFFIRMING (JOHNSON)
DATE RENDERED: 9/29/2006

There was sufficient evidence to support a conviction for intentional assault and wanton assault following strike to the head with a glass beer mug. A reasonable juror could believe that when Johnson swung the mug at Cameron’s head, his conscious objective was to strike Cameron, thereby causing serious physical injury. His conscious objective of striking Cameron in the head with the mug alone is sufficient to meet the mens rea requirement of intentional assault since "a person is presumed to intend the logical and probable consequences of his conduct[.]" The evidence demonstrates Johnson’s conduct was totally unjustified and a gross deviation from how a reasonable person would have acted.

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