State v. Lakebrink

CRANDALL, Judge.

Defendant, Robert Lakebrink, appeals from his conviction after a jury trial of assault in the first degree. He was sentenced to ten years’ imprisonment.

Defendant alleges on appeal that (1) the State failed to make a submissible case, and (2) the court erred in failing to give MAI-CR 2.28, an instruction on excusable homicide or assault. We affirm.

The State clearly made a submissi-ble case on the charge of first degree assault. The State was required to prove that the defendant attempted to kill or knowingly caused or attempted to cause serious physical injury to another…