State v. Battle

DOWD, Presiding Judge.

David O. Battle, defendant, was convicted by a jury of two counts of assault in the first degree. He was sentenced to fifteen years on each count, terms to be served consecutively. Defendant appeals.

The facts are briefly set out in the light most favorable to the verdict. See State v. Graham, 587 S.W.2d 627, 629 (Mo.App.1979).

On the evening of August 9, 1979 Irene Smith was sitting on the front porch of her house on Penrose Avenue in the City of St. Louis. Defendant, with whom Smith had lived for the past six years, came out of the house and began to argue with Smith.…