State v. Mathis

STOCKARD, Commissioner.

Defendant was found guilty by a jury of a felonious assault with malice aforethought upon his wife with intent to do great bodily harm, and was sentenced to imprisonment for a term of two years. He has appealed from the ensuing judgment.

Defendant first contends that the trial court erred in denying his motion for judgment for acquittal because “there was no evidence that a dangerous weapon was used or that any great bodily harm was either intended or resulted.”

Carolyn Sue Mathis, the victim of the assault, did not testify. At the time of trial she was in the State of…