State v. Manning

GAERTNER, Presiding Judge.

Appellant was found guilty by a jury of assault in the second degree. He does not challenge the sufficiency of the evidence and therefore the facts may be stated briefly-

The victim of the assault was appellant’s wife, Brenda. They had been separated for several months and had discussed divorce. Brenda was living in the upstairs apartment of a two family flat with a friend, Julie Peckron. Brenda, her friend, Mark Walker, Julie and her friend, Larry La-tham, were all at the apartment when appellant came in about 2:00 a.m. on May 17, 1981. Brenda, who was in the bedroom…