State v. Howell

I must respectfully dissent. The evidence presented at trial was insufficient to support Appellant’s conviction for domestic assault in the third degree, as the evidence does not establish beyond a reasonable doubt that Appellant caused physical injury to the victim.

“ ‘In order to convict a defendant of a criminal offense, the State is required, as a matter of due process, to prove beyond a reasonable doubt each and every element of the offense.’ ” State v. Sellmeyer, 108 S.W.3d 780, 782 (Mo.App. W.D.2003) (quoting State v. White, 92 S.W.3d 183, 192 (Mo.App. W.D.2002)). Accordingly, in…