Cephas v. State

BERGER, Justice.

In this appeal, we consider whether there was sufficient evidence to support a conviction of second degree assault where the defendant was charged with assaulting a pregnant female. The victim believed that she was pregnant, although she had a condition called a “molar pregnancy,” and medical tests established that there was no fetal tissue in the mole. The State’s purported expert, who was unable to provide a medical definition of pregnancy, nonetheless testified that a molar pregnancy is considered a pregnancy. We conclude that the trial court erred in allowing the jury to…