Neely v. State

James R. Cooper, Judge.

The appellant was charged with the offense of aggravated assault, under Ark. Stat. Ann. § 41-1604 (Repl. 1977), and with being a habitual offender, under Ark. Stat. Ann. § 41-1001 (Supp. 1985). After a non-jury trial, the appellant was convicted and sentenced to five years in the Arkansas Department of Correction. The appellant’s sole contention on appeal is that the trial court erred in refusing to reduce the charge to assault in the first degree (Ark. Stat. Ann. § 41-1605 (Repl. 1977)). Essentially, the appellant argues that, while the evidence is sufficient to…