Malone v. State

Quillian, Chief Judge.

Defendant appeals his conviction for aggravated assault with a deadly weapon. Held:

1. Defendant contends the state failed to carry its burden of proof as to intent.

The state’s evidence showed that the defendant shot the victim in the face with a pistol, not in self-defense. Defendant admitted the shooting but testified that he did so in self-defense because the victim had a weapon, although no weapon was found.

Defendant argues that because self-defense was raised the state’s burden was not only to show that he intended to harm the victim, but also intended not to defend…