Warren v. State

THOMAS, Justice.

The major issue that must be resolved in this case is whether the inclusion in the instruction on the elements of aggravated assault and battery of the phrase, “a deadly weapon, to wit: shoes ...,” provided an opportunity for the jury to invoke an impermissible presumption. Other issues are urged with respect to the right to an instruction on the lesser included offense of simple battery, claimed to present Earl Warren’s (Warren) theory of the case; error in not severing Warren’s trial from joint trial with other defendants; and the contention that the evidence was not…