State v. Yardley

MAUS, Chief Judge.

The information in this case charged the defendant, in violation of § 565.070, RSMo 1978, committed the class A misdemeanor of assault in the third degree by recklessly creating a grave risk of death to four named persons by attempting to run over them with his automobile. The case was tried to the court. The defendant was found guilty and sentenced to 30 days in the county jail. By his sole point on appeal the defendant challenges the sufficiency of the evidence to establish an intent to harm or general malevolence or recklessness.

The conviction by the circuit court has…