STUDDARD v. STATE

No. 68-131.

214 So.2d 767 (1968)

Ensley STUDDARD, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida. Third District.

October 22, 1968.


Attorney(s) appearing for the Case

Robert L. Koeppel, Public Defender, and Herbert M. Klein, Asst. Public Defender, for appellant.

Earl Faircloth, Atty. Gen., and Melvin Grossman, Asst. Atty. Gen., for appellee.

Before PEARSON, HENDRY and SWANN, JJ.


SWANN, Judge.

The defendant below appeals from a judgment of conviction in a non-jury trial of aggravated assault.

The question before us relates to whether the state established that the defendant used a deadly weapon.

No argument is made on appeal that he did not assault the victim, nor is there any argument concerning the identification of the defendant.

The victim and an eyewitness testified that the victim's throat had been cut by Studdard...

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