State v. Swann

¶1 Defendant Bryan Swann appeals two of the three counts of assault with a weapon for which he was convicted. We affirm.

¶2 We restate the issues as follows:

¶3 I. Did the District Court err in denying Swann’s motion for a directed verdict?

¶4 II. Did the District Court properly instruct the jury concerning the offense of assault with a weapon?

BACKGROUND

¶5 On the evening of April 22, 2004, Swann came home drunk. Swann’s wife, Jennifer, tried to hide his keys to prevent Swann from driving. Swann thought that Jennifer was trying to leave. He became angry with her and hit her on the cheek with the…