State v. Brown

BROCK, Chief Judge.

Defendant contends the trial court committed error in charging the jury on assault inflicting serious injury, but not charging on assault with a deadly weapon. Defendant was charged in the bill of indictment with assault with a deadly weapon with intent to kill, inflicting serious injury.

There can be no doubt that if an assault occurred, it was an assault with a deadly weapon which inflicted serious injury. Uncontradicted evidence offered by the State shows a shooting of the prosecuting witness in the groin and right leg, bleeding of the witness, immediate hospitalization,…