This section contains the nature of the case and procedural background.

D stabbed Michael Smith in the back with a scratchawl, an icepick-like instrument used to mark sheetmetal. When Michael cried out, his father, Horace Smith, came to his aid with a hammer. D shot Horace in the hip with a handgun. The indictment alleged that D used a deadly weapon, 'to wit a scratchawl, to threaten Michael A. Smith, with imminent bodily injury by use of the said deadly weapon. . . .' D pled guilty to the two counts and then appealed. D alleges that the evidence is insufficient to show that he threatened Michael Smith and that he is entitled to an acquittal.

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