Cail v. State

Banke, Presiding Judge.

The defendant appeals his convictions of aggravated assault and possession of a firearm during the commission of a crime. Held:

1. The victim of the assault was only three years of age at the time of its commission. The defendant complains that, in view of the child’s tender age and the lack of any actual dispute over the nature of his injuries, the state should not have been allowed to exhibit him to the jury for the purpose of displaying the scar from his wound. The victim’s tender age was not, of course, a circumstance for which the state was responsible. “The…