State v. Phroper

SOMERVILLE, Judge.

Defendant was charged with assault in the first degree committed by means of a dangerous instrument, a class A felony (Section 565.050.1(1) and .2, RSMo 1978). 1 He was found guilty by a jury, however, of assault in the second degree, a class D felony (Section 565.060.1(3)(a)(b), RSMo 1978), and his sentence was assessed at five years confinement in the Department of Corrections. Judgment and sentence were entered and pronounced accordingly.

Defendant presents five points on appeal: (1) the evidence, when measured by defendant’s defense theories of “imperfect self-defense”…