Scott v. State

Bell, Chief Judge.

The defendant appeals from his conviction for aggravated assault with a deadly weapon. Held:

1. The indictment alleged that defendant committed an aggravated assault with a deadly weapon by stabbing the victim with a knife. The state’s evidence established these allegations. Defendant contends, first, that the indictment is fatally defective because it alleged an aggravated assault as well as a battery, and secondly, that a finding of guilty was not authorized because the evidence shows a completed battery and not merely an attempt or an assault. This argument is based on…