State v. Delay

ALLBEE, Justice.

Defendant Kermit E. Delay was convicted of assault with intent to inflict serious injury, a violation of sections 708.1 and .2, The Code 1979. The court of appeals, in a 3-2 decision, reversed that conviction and remanded for a new trial. On further review, we vacate the court of appeals decision and reinstate trial court’s judgment.

The facts pertinent to our review were stated in the court of appeals per curiam opinion, from which we quote:

Defendant was charged by county attorney’s information on November 30, 1979, with two counts of assault with intent to inflict serious…