Smith v. State

Banke, Judge.

The defendant appeals from his conviction of aggravated assault.

On the evening of November 1, 1975, the defendant and Willie Kendrick were present in a bar in Dooly County. The defendant was having a tete-a-tete with a woman for whom Mr. Kendrick apparently had some affection. Mr. Kendrick approached the defendant from behind without a weapon and said, "Well, y’all ain’t got to talk so low. Y’all can talk out.” The defendant spun around on his bar stool and stabbed Mr. Kendrick. The defendant claimed that he acted in self-defense, believing that Kendrick might have a knife.

The…