State v. Zimmerman

EDWIN H. SMITH, Judge.

Respondent, Stephen N. Zimmerman, was charged in the Circuit Court of Cass County in Count I with the class B felony of assault in the first degree, § 565.050, 1 and in Count II with the felony of armed criminal action, § 571.015. The charges were tried to a jury with the jury being instructed down on Count I as to assault in the second degree, § 565.060, and assault in the third degree, § 565.070. Initially, the trial court determined that the jury had returned verdicts of not guilty as to both counts and entered judgment accordingly. After discharging the jury, the…