State v. McKenna

Defendant appeals his conviction of two counts of aggravated assault, assigning as error (1) the court’s refusal to instruct the jury concerning his theory of defense, and (2) an abuse of discretion in committing him to prison instead of placing him on probation.

Defendant was estranged from his wife in 1985 when she moved out of his house in Lakepoint, Utah. Approximately four months prior to the assault, she rented and moved into her own apartment, where she lived with her four children. Defendant continued to live in his home at Lakepoint and planned to obtain a divorce, having reached…