State v. Mentola

PREWITT, Chief Judge.

Following jury trial defendant was convicted of assault in the first degree and sentenced to ten years’ imprisonment. Defendant presents two points relied on.

Defendant was charged under § 565.-050.1(1), RSMo 1978 (since amended, see RSMo 1984). It states that assault in the first degree can be committed if one “knowingly causes serious physical injury to another person”. Defendant contends that the evidence was insufficient to support the change because there was no evidence that the victim of the assault suffered “serious physical injury”.

“ ‘Serious physical injury’…