Williams v. State

Clark, Judge.

Are shoes per se a deadly weapon? That question is here propounded where the prosecuting witness was in a scuffle with several individuals during which he lost his footing due to the slipperiness of his new boots and then while on the ground was allegedly kicked by the two defendants.1

This question arises for the first time in Georgia because our new Criminal Code2 created a felony known as "Aggravated Assault” the pertinent portion reading "A person commits aggravated assault when he assaults ... (b) with a deadly weapon.” Code Ann. §26-1302. The indictment here charged…