State v. Wampler

WYNN, Judge.

The defendant in this case appeals from his conviction of the class C felony of assault with a deadly weapon inflicting serious injury with intent to kill. We find no error in his trial.

The State’s evidence tended to show that on 10 March 1999 at approximately 10:30 p.m., Avis Southerland walked up the pathway to his home carrying a paper bag that contained a piece of pie; however, he testified that he carried cash from time to time in a paper bag.

Mr. Southerland noticed movement and turned to see defendant running towards him wielding a bat. The defendant struck him on the top of…