State v. Bell

CRIST, Judge.

Defendant appeals from a jury conviction of third degree assault, § 565.070, RSMo. 1978, a class “C” misdemeanor. He was sentenced to ten days in the Montgomery County Jail. We affirm.

Defendant, a man of 57 years of age, standing 5’ 7" and weighing 170 pounds, was a visitor in the trailer home of victim’s mother one Saturday evening in August of 1980. Mother and three children by a former marriage, including victim, a boy of thirteen and weighing about sixty pounds, were present. All but the oldest child, Vickie, were in the living room watching a television movie. Vickie was in…