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I wish to cite to the Court one additional authority in support of an argument presented in the State's brief in State v. Speer. Coleman v. State, 621 P.2d 869, 877 (Ala. 1980), cert, denied 454 U.S. 1090 (1981) supports the argument contained in Point III (brief of respondent at p. 22-27) that brandishing a loaaed firearm unaccompanied by threatening words is sufficient 'to constitute aggravated assault, and that defendant was not entitled to a jury instruction on simple assault.


Original Brief Submitted to the Utah Supreme Court; digitized by the Howard W. Hunter Law Library, J. Reuben Clark Law School, Brigham Young University, Provo, Utah; machine-generated OCR, may contain errors.
David L. Wilkinson; Attorney General; Kimberly K. Hornak; Assistant Attorney General; Attorneys for Respondent.
Jerome H. Mooney; R. Kyle Treadway; Mooney & Smith; Attorneys or Appellant.


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