Binion v. State

McMurray, Presiding Judge.

Defendant was charged in an indictment with aggravated assault upon a police officer. The evidence at his jury trial revealed that defendant and his brother, George Binion, were “sitting in [their mother’s] house watching TV, and both of [them] had been intoxicated. . . . [Defendant] started acting a little kind of crazy like, so [George Binion] just went ahead and called the police.” Defendant went into his bedroom and George Binion heard a sound, “like I heard a click of a rifle.” George Binion “assumed it was [defendant’s rifle] because ain’t nobody else in the…