State v. Habermann

SHERRI B. SULLIVAN, Judge.

Introduction

Shane Habermann (Appellant) appeals from the judgment of the trial court entered upon a jury verdict convicting him of one court of the Class C felony of second-degree assault, in violation of Section 565.060 RSMo (2000). 1 We reverse and remand.

Factual and Procedural Background

This case involves a bar fight. Anthony Costa (Costa), the complaining witness, accused Appellant of attacking and stabbing him without provocation outside the bar after Appellant got involved in an argument with another patron. Appellant contended that he was acting in…