An appeals court has upheld the aggravated assault conviction of a 610-pound man who says the victim's injuries were at least partly the result of his weight, rather than an intent to cause harm.

Patrick Macias of Post Falls was convicted in 2004 after Wendell Holder Jr. testified that he was drinking a long-neck bottle of beer when Macias tapped on his shoulder.

"I turned to see who tapped me and I got a beer bottle shoved down my throat," Holder testified. "It sent two teeth down my throat."

One witness said Holder had called Macias fat and other derogatory terms that night, but other witnesses say Holder did nothing to provoke Macias.

Holder, who lost his four front teeth, testified that he could no longer eat corn on the cob, popcorn or candy and had lost his ability to whistle - a problem because he trains dogs, according to the Associated Press.