State v. Smith

JOHN, Judge.

Defendant challenges the trial court’s 5 December 1997 order (the Order) denying “Defendant’s Motions For A Mistrial and To Set Aside The Jury Verdict”' (defendant’s motions) as well as the court’s 12 February 1998 judgment (the Judgment). We reverse the trial court’s denial of defendant’s motion to set aside the verdict.

On 6 November 1995, defendant was indicted in Rutherford County on a charge of assault with a deadly weapon with intent to kill inflicting serious injury. The alleged offense arose out of an incident involving Joe Simmons (Simmons), a neighbor with whom defendant…