White v. State

ORFINGER, M., Senior Judge.

In a physical confrontation with one Michael Irvin, appellant pulled a knife with a five inch blade and in the ensuing struggle hit Irvin in the head with the butt of the knife and cut Irvin’s fingers. Charged and convicted of aggravated battery with a deadly weapon, appellant argues that the trial court erred in denying his motion for judgment of acquittal, and that at most he is guilty of simple battery.

The incident took place in the parking lot of a grocery store. There was testimony that it started when appellant approached the truck in which Irvin was sitting,…