Kinchen v. State

DAVIDSOH, Judge.

Appellant was charged in two counts with aggravated assault, one with a deadly weapon and the other with inflicting serious bodily injury. The court only submitted the count with reference to deadly weapon. There was no evidence which justified the submission of the count with reference to serious bodily injury. We are of opinion that the evidence does not justify the verdict of aggravated assault upon the theory that it was a deadly weapon. The evidence is to the effect that the blows were inflicted by appellant with a piece of metal used in setting up forms in a printing…