State v. Smith

MARTIN, Judge.

Defendant appeals from judgments entered upon his convictions of two counts of habitual misdemeanor assault, and being an habitual *212felon. The evidence presented at trial tended to show that on 15 May 1998 defendant beat Karen Conard with his fists while Conard was on the ground outside the home of her neighbor, Susan Philipsheck. Conard’s daughter, Kieyoundra McDowell, was standing behind defendant and pulling on his shirt while defendant was beating Conard and defendant then turned and hit McDowell.

Conard sought safety in the Philipsheck’s house, where she was protected until…