State v. Bauer

MARING, Justice.

[¶ 1] Morris Lloyd Bauer appeals from a criminal judgment entered after a jury found him guilty of aggravated assault and driving under the influence. On appeal, he argues there was insufficient evidence for the jury to find him guilty of aggravated assault, and the trial court failed to properly instruct the jury. We affirm the judgment.

I

[IT 2] Morris Bauer was charged with aggravated assault under N.D.C.C. § 12.1-17-02(2), a class C felony, and driving under the influence, a class B misdemean- or. Bauer and John Zimbro were involved in an altercation outside of a bar. Bauer,…