State v. Benton

LOWENSTEIN, Judge.

The defendant Ishman Benton was convicted by a jury of the crime of assault in the first degree, § 565.050, RSMo 1986, and armed criminal action, § 571.015 RSMo 1986. He was sentenced to twelve years imprisonment for assault and three years imprisonment for armed criminal action, with the sentences running concurrently.

On appeal Ishman contends he is entitled to a new trial because (1) the corpus delicti of first degree assault was not proved independently of his extrajudicial statement, (2) the failure of any eyewitness or the victim to testify violated his right of…