Collier v. State

ALTENBERND, Judge.

Samuel Collier appeals his judgment and sentence for aggravated assault with a deadly weapon. He argues that the trial court erred in refusing his request for an instruction on the next lesser offense of improper exhibition of a dangerous weapon. The State argues that the allegations of the information were insufficient to warrant this instruction. We agree with Mr. Collier’s argument and accordingly reverse and remand for a new trial.

Mr. Collier was seventy-four years old when he got into a domestic disagreement with his wife. It is undisputed that he picked up a wooden…