State v. Cavitt

KAROHL, Presiding Judge.

Defendant was charged with unlawful use of a weapon in violation of § 571.030.-1(4) RSMo Supp.1984. The court submitted instructions for this charge and instructions for the offense of assault in the third degree, § 565.070.1(3) RSMo 1978. A jury found defendant not guilty of the charged crime and guilty of assault in the third degree. In accordance with the jury’s verdict, he was sentenced to ten days confinement in the county jail and a fine of $300. Defendant appeals. We reverse.

The decisive issue on appeal is whether the trial court erred in submitting the question…