Ballinger v. State

William Ballinger was convicted of three separate offenses of maliciously perpetrating an assault and battery upon a human being while armed with a dangerous or deadly weapon.

The offenses of assault and assault and battery were treated as constituting lesser included offenses in the primary charge of aggravated assault and battery with a deadly weapon. The jury found Ballinger guilty of the most serious offense in all three cases. The court sentenced Ballinger for a term of not less than two years and not more than four years, as to each conviction, said sentences to run concurrently. He now…