State v. King

The defendant was convicted by a jury in the Superior Court (McHugh, J.) of first degree assault, ESA 631:1. On ap*675peal the defendant contends that the trial court’s supplemental charge invaded the province of the jury in violation of his constitutional right to due process. We reverse.

The indictment alleged that the defendant “knowingly caused bodily injury, that is, a puncture wound to the chest and numerous lacerations to the hands and body of [the victim], by knowingly striking and stabbing her with a knife, a deadly weapon.” Testimony at trial from the victim and two eyewitnesses…