I.O. v. State

FERGUSON, Judge.

Appellant, a juvenile, was adjudicated delinquent for aggravated assault by use of a shotgun. By this appeal he contends that the court erred in applying a subjective test to find that the instrument used was a deadly weapon where objective proof was lacking. We agree and reverse.

The testimony of the victim, who had twenty-six years military service with the United States Air Force, had an “expert” rifle rating, and was at one time a member of a “Scattergun” team, was that the weapon used by I. 0. was not a toy gun, but a *43real shotgun. I. O. and a companion juvenile testified…