State v. Weber

Nelson, Justice.

An information was filed against Dwaine B. Weber, defendant herein, charging him with assault in the second degree. After trial before a jury, a verdict of guilty was returned and sentence was imposed. Defendant thereafter appealed to this court from an order denying his motion for a new trial or for a judgment of acquittal, and from the judgment of conviction.

The following facts are pertinent to a consideration of the issues raised on appeal. Defendant married James (Jimmy) Newman’s mother in May 1963. Jimmy, then 8 years of age, had been living on defendant’s farm since…