State v. Johnson

RHODES RUSSELL, Presiding Judge.

John L. Johnson (“defendant”) appeals the judgment entered upon his convictions by a jury for first degree assault, § 565.050, RSMo 1994, 1 armed criminal action, § 571.015, and second degree assault, § 565.060. Defendant was sentenced to five years imprisonment for the first degree assault charge and a concurrent term of three years for the armed criminal action charge, and given a fine of ten dollars for the second degree assault charge.

Defendant raises four points on appeal. First, defendant contends that the trial court erred by giving the jury the hammer…