Studdard v. State

SWANN, Judge.

The defendant below appeals from a judgment of conviction in a non-jury trial of aggravated assault.

The question before us relates to whether the state established that the defendant used a deadly weapon.

No argument is made on appeal that he did not assault the victim, nor is there any argument concerning the identification of the defendant.

The victim and an eyewitness testified that the victim’s throat had been cut by Studdard but they were unable to testify whether any weapon had been used by him although the victim’s throat was bleeding badly after the assault. The defendant…