State v. Gordon

OPINION

RICHMOND, Chief Judge.

This is an appeal from a judgment of guilty of assault with a deadly weapon and a sentence thereon of not less than five nor more than 15 years in the Arizona State Prison. Appellant raises only one issue: should the court have granted his motion for a judgment of acquittal for lack of substantial evidence of an attempt to commit a physical injury on the victim?1

Assault is an offer to use force to injure another. State v. Parker, 116 Ariz. 3, 567 P.2d 319 (1977). The victim testified that appellant came up to the driver’s door of her car, held a knife to the back…