In State v. Elko, 8th Dist. No. 83541, 2004 Ohio 5209, the defendant fired shots into the victims' basement glass block window. Id. at P 3. The intended victim had his bedroom in that basement directly behind that window. Id at P 4. None of the victims was in the basement at the time and none were injured. Id. at P 47. As a result of this incident, Elko was found guilty of felonious assault and improperly discharging a firearm into a habitation. Id. at P 1. On appeal, Elko argued that he could not be convicted of felonious assault because he did not cause any physical harm to any of the victims. Id. at P 47. The court rejected this argument stating that the evidence demonstrated that the defendant fired a pistol, a deadly weapon, into a glass block window without knowing who could be inside at the time of the shooting, Id. at P 53. The Elko court held: "The fact that none of the victims were physically hurt and that none of the bullets penetrated through the glass block window are irrelevant. Firing a pistol into a window, without knowing who could be behind it, satisfies a knowing attempt to cause physical harm. The evidence presented at trial was sufficient to convict the appellant of felonious assault." Id. at P 54.