State v. Smith

MANFORD, Judge.

Appeal from jury conviction for assault upon a police officer while in the performance of his duties.

Appellant is a resident of the City of St. Joseph. At the time of this occurrence, he and his wife had been separated some two or three weeks. They had a six year old daughter, Stacy. Appellant had a son nine years of age by a previous marriage who lived with appellant. Appellant’s wife and daughter Stacy had been living in Riverside and Kansas City. On August 2, 1977, the date of the offense, appellant’s wife, by agreement, had returned to appellant’s residence for the purpose…