State v. Elam

REINHARD, Judge.

The court, in a jury-waived trial, convicted defendant of first degree assault, § 565.050, RSMo 1986, and armed criminal action, § 571.015, RSMo 1986, and sentenced him to two concurrent terms of ten years’ imprisonment. He appeals; we affirm.

The state’s evidence at trial was that the victim, an off-duty police officer, was at the apartment of one of defendant’s neighbors; the neighbor entered the apartment and defendant followed her; she requested him to leave and he complied; defendant returned a couple of minutes later and sat next to the victim on a couch; defendant put…