Carthern v. State

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• explaining that criminal damage to property in the first degree and criminal damage to property in the second degree are two separate crimes
• analyzing the offense’s statutory ele- ments and concluding that “in a manner so as to endan- ger human life” means “reckless endangerment rather than actual endangerment”
• explaining the fundamental differences between the two separate offenses addressed in OCGA § 16-7-22 (a), the primary purpose of which is to protect human life and safety, and OCGA § 16-7-23 (a), which has a primary purpose of protecting private property
• criminal damage to property in the first degree is “an inherently dangerous or life-threatening felony”
• elements of OCGA § 16-7-22 (a) satisfied where defendant fired gun into apartment where people were likely to be present
• evidence that defendant fired gun into inhabited dwelling was sufficient for jury to find that he committed the offense of criminal damage to property in the first degree

Source: CourtListener parenthetical corpus (CC0).