Hendrix v. State

McMurray, Judge.

Defendant was indicted and convicted of the offense of aggravated assault and sentenced to serve 10 years. A motion for new trial was filed and denied, and defendant appeals. Held:

1. The evidence discloses that the defendant attacked the victim with a knife, a deadly weapon, after an argument over a sandwich. The victim was severely cut in the fracas. Despite defendant’s contentions that he did not provoke the incident and that he did not intend to cut the victim or to cause him great bodily injury, nevertheless that is exactly what happened when he used a knife during the…