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STATE v. SMILEY

38 S.W.3d 521 (2001)

STATE of Tennessee v. Richard T. SMILEY.

Supreme Court of Tennessee, at Knoxville.

January 30, 2001.

Attorney(s) appearing for the Case

Kevin W. Shepherd, Maryville, TN, for the appellant, Richard T. Smiley.

Paul G. Summers, Attorney General and Reporter, Michael E. Moore, Solicitor General, Todd R. Kelley, Assistant Attorney General, Michael L. Flynn, District Attorney, and Kirk Andrews, Assistant District Attorney General, for the appellee, State of Tennessee.

OPINION

BIRCH, J., delivered the opinion of the court, in which ANDERSON, C.J., DROWOTA, HOLDER, and BARKER, JJ., joined.

Richard T. Smiley, using a knife, inflicted injury to the victim, W.F. Bivens. Smiley was indicted for aggravated assault, a Class C felony under Tenn.Code Ann. § 39-13-102(a)(1) (Supp.1995). In contrast, the simple assault statute, Tenn.Code Ann. § 39-13-101(a) (1997), provides that a person who intentionally causes "physical...

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