Hizine v. State

Banke, Judge.

The appellant was convicted of armed robbery and aggravated assault. The indictments alleged that he and a co-defendant had beaten the victim and taken his money by using as offensive weapons a pair of hedge clippers, a chair, and a knife.

According to the victim’s testimony at trial, the crimes occurred as follows. The two defendants were staying at the victim’s home. The appellant began "tussling” with the victim and grabbed his wallet, causing the money to scatter onto the floor. The two men fell to the floor, still fighting. The victim picked up a knife and threatened to cut…