State v. Hammonds

OPINION

in which ANDERSON, C.J., BIRCH, HOLDER and BARKER, JJ. joined.

The defendant/appellee was convicted of aggravated assault upon an indictment which charged that on February 23, 1996, in Sullivan County, the defendant “did unlawfully, feloniously, intentionally, and knowingly commit an assault [upon the victim] by using and displaying a deadly weapon, in violation of [Tenn. Code Ann. § 39-13-102].” The defendant appealed his conviction, and the Court of Criminal Appeals reversed after sua sponte examining the indictment and finding it insufficient for failure to allege that the defendant…