State v. Schmiedt

ACTION

A jury convicted Scott Schmiedt (Schmiedt) of aggravated assault of Mitchell police officer Kessler. SDCL 22-18-1.1(5) (attempt by physical menace with a deadly weapon to put another in fear of imminent serious bodily harm). Schmiedt appeals his conviction alleging insufficiency of evidence and errors of law. We affirm.

FACTS

At 11:15 p.m. on July 1, 1993, Mitchell police were called to the Schmiedt home after Donna Schmiedt (Donna) telephoned them and reported that her husband, Schmiedt, had hit her and was planning to leave with their two-year-old son. Officer Pardy was the first to…