State v. Rice

Defendant appeals his conviction for second degree assault upon his wife, contending that elements necessary to constitute the crime were not present.

The incident out of which the charge arose occurred during an argument between husband and wife. Told to leave the house, wife got into her automobile. Defendant broke the rear window with a pickaxe. Wife then got into a pickup truck. Defendant followed and broke the rear window of the cab. Wife received a slight cut on her cheek, apparently from flying glass. She did not realize she had been cut until her daughter mentioned it. She testified…