State v. Slaton

PREWITT, Judge.

Following jury trial defendant was convicted of committing assault in the third degree upon his wife and sentenced to one year in the county jail. Defendant was charged by a four-count information alleging forcible sodomy, forcible rape, assault in the second degree and felonious restraint. The latter charge was dismissed and not submitted to the jury. Defendant appeals, presenting two points relied on. Although requesting and receiving an extension of time to file a brief, respondent has not done so.

Defendant asserts in his first point that the trial court erred in failing to…