Rushin v. State

Carley, Judge.

Appellant was tried on an indictment charging him with two counts of aggravated assault. A jury found him guilty as to Count One, after the trial court had directed a verdict of acquittal as to Count Two. Appellant appeals from the judgment of conviction and sentence entered on the guilty verdict.

1. Appellant urges that the trial court erroneously denied his motion to quash the indictment. The asserted fatal defect is the failure of the indictment to set forth with specificity one of the essential elements of aggravated assault, to wit: employment of “a deadly weapon or . . .…