McGuire v. State

Banke, Presiding Judge.

The appellant was convicted on an indictment charging that he had committed an aggravated assault against one Judy Gilbert by assaulting her with a deadly weapon — specifically, a knife.

Ms. Gilbert was attacked from behind and was consequently unable to identify the assailant. However, a passing motorist to whom she had run for help immediately after the assault testified that he had observed “another person standing up, like, on the grass by the sidewalk” at the time, and he positively identified this person as the appellant. He stated that there was a streetlight at…