State v. Cudd

LANSING, Judge.

Jeffery Alan Cudd was convicted of aggravated assault for pointing an unloaded crossbow at a man. The principal issue presented on appeal is whether a crossbow that is unloaded constitutes a deadly weapon within the meaning of Idaho’s aggravated assault statute.

I

FACTUAL AND PROCEDURAL BACKGROUND

At approximately 8 p.m. on an April evening, a driver was stopped at an intersection in downtown Boise waiting for the traffic light to turn green when he saw a man on the sidewalk carrying a crossbow. According to the driver’s later testimony, as the man stepped into the intersection,…