Kelly v. State

KITE, Justice.

[T1] Michael David Kelly was convicted by a jury of aggravated assault and battery in violation of Wyo. Stat. Ann. § 6-2-502(a)(1) (LexisNexis 2005). On appeal, he claims the evidence was insufficient to show that he caused "serious bodily injury" as required by the statute. He also claims prosecutorial misconduct occurred during the State's closing argument. We hold the evidence was not sufficient to show serious bodily injury as that term is defined in the statute. On that basis, we reverse his aggravated assault conviction, order entry of a battery conviction and remand the…