State v. Olson

DUNN, Justice.

This is an appeal from an order acquitting Billy G. Olson (appellee) of aggravated assault and entering a conviction of simple assault in its place.

Appellee was charged with aggravated assault pursuant to SDCL 22-18-1.1 for attempting to run over Patrick Dugan with a pickup truck. During cross-examination of appellee, the state’s attorney asked ap-pellee, “Have you been charged with assault and battery ... ?” The question brought an objection from appellee’s counsel and resulted in a hearing outside the presence of the jury. During the hearing, the trial court ruled that even…