State v. Lowrey

CRIST, Judge.

Defendant appeals from a jury conviction for assault in the second degree for striking an almost three-year-old boy, where the assault combined with a prior serious injury resulted in his death. Defendant was sentenced to a term of two years’ imprisonment. We affirm.

Defendant asserts the State did not present evidence sufficient to support a finding by the jury defendant had the cul*958pable mental state of recklessness. Assault second degree, § 565.060, RSMo 1986, is defined as follows:(1) A person commits a crime of assault in the second degree if he:

[[Image here]](3) Recklessly…