State v. Edsall

CROW, Presiding Judge.

Appellant was charged with the class A misdemeanor of assault in the third degree, § 565.070, RSMo 1986, tried by the court without a jury, found guilty as charged, and sentenced to one year in jail. Execution of the sentence was suspended and appellant was placed on probation. He appeals, briefing two points, both of which attack the sufficiency of the evidence.

The information alleged appellant caused physical injury to Bill Hopkins, a deputy sheriff, by striking him with appellant’s fists. Appellant’s first point avers the evidence was deficient in that there was no…