State v. Rash

MORGAN, Justice.

A jury found appellant guilty of aggravated assault in violation of SDCL 22-18-1.-1(1). The trial court sentenced him to serve ten years in the South Dakota State Penitentiary with credit for time served pending the disposition of his case. He appeals from that judgment and sentence. We affirm.

Early in the afternoon of January 20, 1979, appellant was at a bar. He called home and told his wife, Donna, who was about three months pregnant at the time, to keep the children at home so that when he returned he could take them to a movie in Sioux Falls. Nevertheless, Donna allowed…