Davis v. State

Quillian, Judge.

Appeal in this case was taken from the defendant’s conviction of aggravated assault. The charge arose out of an incident in which the defendant discharged his gun, a deadly weapon in the direction of a police officer. Held:

1. The defendant’s sworn testimony was to the effect that the weapon discharged when his wife reached for the gun. He related "she had her hands on it and I took it away from her, that is when it went off.” In response to the question, "didn’t you have it in both hands like this when it went off?” He replied, "no, she had my hand and I had hers.” This was…