State v. Anderberg

RENTTO, Judge. *

The amended information filed against Craig John Anderberg charged him with an assault upon the person of Marvin LaRoche on September 26, 1972 with intent to inflict great bodily injury, in violation of the provisions of SDCL 22-18-12. The jury found him guilty. His motion for a new trial having been denied, judgment was entered sentencing him to imprisonment in the state penitentiary. He appeals from the judgment.

Viewing the record favorably to the verdict, as we must, it establishes the following facts. On the afternoon of that day at about 6 o’clock two young Indian men,…