Smith v. State

Stolz, Judge.

The defendant appeals from his conviction of 3 counts of aggravated assault.

1. The trial judge gave the following instruction to the jury: "Now, as to each of the four counts of this indictment, the charge against this defendant is Aggravated Assault With A Deadly Weapon, and, in that connection, I charge you that Code Section 26-1302 of our Criminal Code provides: 'That a person commits Aggravated Assault when he assaults another with a deadly weapon.’

"Now there are certain ingredients in this offense which must be found by you to exist before you can convict this defendant of…