When the suspect took the stand in his defense to explain his side of the assault and battery.
The first question the prosecuting attorney asked the defendant was to describe what type of bludgeoning device he used against the victim.
The defendant stated, “I did not use a bludgeoning device.”
The prosecuting attorney walks to the evidence table and returns to holds it in front of the defendant and again asks, is this the bludgeoning tool you used.
The defendant looked the prosecuting attorney in the eye and with a stern southern accented voice again stated, I did not use a bludgeoning device.
The defense attorney stands and states, it should be noted the defendant was asked and answered the question.
The judge agreed.
The prosecuting attorney asked the defendant to describe what he held in his hand.
The defendant sits back in his chair and tells the prosecuting attorney. You are holding my wooden mini-baseball bat. Then pointing towards the victim seated at the prosecuting attorney’s desk.
He repeatedly hit his head on the big end.
With laughter erupting, the judge uses his gavel several times to restore order. The prosecuting attorney tells the defendant, no more questions, I believe we have established the bludgeoning piece of evidence.
The defendant while stepping from the defendant’s stand, said aloud, it was not a bludgeoning, it’s my mini-baseball bat.