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SMITH v. STATE

No. 2000-KA-01656-COA.

796 So.2d 1034 (2001)

Kenneth SMITH a/k/a Kenneth Foster Smith, Jr., Appellant v. STATE of Mississippi, Appellee.

Court of Appeals of Mississippi.

October 9, 2001.

Attorney(s) appearing for the Case

William F. Vick, Jackson, for Appellant.

Office of the Attorney General by Dewitt T. Allred III, for Appellee.

Before SOUTHWICK, P.J., LEE, and MYERS, JJ.

SOUTHWICK, P.J., for the Court:

¶ 1. Kenneth Smith was convicted of aggravated assault. Smith appeals asserting that, because the State was unable to produce or identify the weapon that caused the injuries, the trial court should have granted a new trial or a judgment notwithstanding the verdict. We disagree and affirm.

FACTS

¶ 2. William Boone was employed at Choctaw Maid Farms as a superintendent of shipping. On June 17, 1999, at approximately...

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