State v. DeMary

OPINION

RIORDAN, Justice.

On August 26, 1981, Robert J. DeMary (Defendant) was indicted on two counts of aggravated battery in violation of Section 30-3-5(C), N.M.S.A.1978. Count I charged Defendant with aggravated battery on his wife, Mrs. Carolyn DeMary (Mrs. DeMary), and Count II charged him with aggravated battery on his child. At trial, Defendant was convicted of aggravated assault on Mrs. DeMary, and of battery on his child. On appeal, the Court of Appeals affirmed Defendant’s battery conviction on his child, but reversed his aggravated assault conviction. On certiorari, we reverse the…