Smarr v. State

Cooper, Judge.

Appellant was convicted by a jury of aggravated assault. He appeals his conviction and the denial of his motion for new trial.

Construed in a light most favorable to the verdict, the evidence adduced at trial shows the following: Early in the evening on May 24, 1989, Patricia Ann Stacey (“Stacey”) drove appellant to an open area of a housing project where appellant unknowingly bought some fake cocaine from an individual known as “Miami.” Stacey and appellant left the project but returned just a few minutes later, at which time appellant demanded that Miami give back appellant’s…