EDDY v. STATE

DAUKSCH, Judge.

This is an appeal from a judgment in an aggravated child abuse case. Upon a review of the evidence it is our considered judgment that the trial court should have granted appellant's motion for judgment of acquittal. There was no proof that a deadly weapon was used and there was insufficient evidence to establish that appellant maliciously punished his daughter. The conviction must be reversed.

REVERSED.

ORFINGER and COWART, JJ., concur.