Bishop v. State

In Bishop v. State, 294 Ark. 303, 742 S.W.2d 911 (1988), the supreme court reduced appellant's conviction from aggravated robbery to aggravated assault because there was insufficient evidence of appellant's intent to commit a theft. However, the supreme court stated that there was sufficient evidence to show that the defendant attempted to inflict serious physical injury under circumstances similar to Hinkle's case. Bishop and a companion entered a liquor store. Bishop approached the clerk with a bottle of wine and asked the price. When the clerk asked Bishop for identification, he turned as if to walk away, but abruptly turned back and swung the bottle at the clerk's head. The clerk ducked, and Bishop jumped up on the counter and swung again at the clerk. According to the court, there was "no doubt that the evidence was sufficient to show an attempt to inflict serious physical injury" upon the clerk.