State v. Davis, Unpublished Decision (5-26-2005)

JOURNAL ENTRY and OPINION

{¶ 1} The court found defendant Henry Davis guilty of one count of felonious assault for stabbing a person during an altercation. The issues on appeal are whether he validly waived his right to a jury trial and whether the court erred by permitting the state to impeach one of its witnesses without first requiring the state to show that the testimony caused the state affirmative damage. As neither assignment of error requires reference to the facts adduced at trial, only those facts necessary to this appeal will be discussed.

I

{¶ 2} Just before the start of trial, Davis…