GEORGIA SUGGESTED PATTERN JURY INSTRUCTIONS (SPJI 2013)

GA SPJI 2.20.23. Aggravated Assault; Deadly Weapon; Other Weapons

[Name of implement], if and when used in making an assault upon another person, is not a deadly weapon per se but may or may not be a deadly weapon depending upon the manner in which it is used and the circumstances of the case.

You may or may not infer the (lethal)(serious injury-producing) character of the instrument in question from the nature and extent of the injury, if any, inflicted upon the person allegedly attacked.

Whether or not, under all of the facts and circumstances of this case, the [name of implement], alleged in this bill of indictment to have been used in making an assault upon the alleged victim did, in fact, constitute a (deadly) weapon (likely to cause serious bodily injury) is a matter to be decided by the jury from the evidence in the case.