State v. Wallace

STEELMAN, Judge.

Where the State presented substantial evidence to support every element of assault with a deadly weapon inflicting serious injury, the trial court properly denied defendants’ motions to dismiss. Where substantial evidence was presented at trial to submit each alternative theory of guilt to the jury, the trial court did not err by instructing the jury in the disjunctive.

I. Factual and Procedural Background

The State’s evidence tended to show that James Allred (Allred) had a long-standing boundary dispute with Penny Wallace (Wallace) over real property located on County Line Road…