Jefferson v. State

I dissent from the majority’s unpublished memorandum, which concludes that the issue of the sufficiency of the state’s evidence was not preserved for appellate review and is therefore not before this court. The majority specifically finds that the appellant’s claim that the state failed to prove the “serious physical injury” element of the offense of assault in the first degree is not preserved for appellate consideration because no motion for a judgment of acquittal or similar objection was made before the case was submitted to the jury.

The appellant, Jody Jefferson, was charged with…