Daniel v. State

Pope, Judge.

Franklin E. Daniel, Jr., appeals from his conviction of aggravated assault.

The evidence showed that on March 18, 1988, Daniel went to the trailer of his estranged wife, who was home sick from work watching television with the youngest of her three children. The victim testified that Daniel gave her some roses, which he put on the TV set. They argued a while about whether she would go “mudding” and “plinking” with him (i.e., driving a Jeep around in the mud and shooting at tin cans), and then Daniel went into the bedroom and brought out his .22 caliber pistol and some ammunition.…