State v. Thomas

OPINION

MARYK. HOFF, Judge.

Gary R. Thomas (Defendant) appeals from the judgment upon his conviction by a jury for second-degree assault, Section 565.060, RSMo 2000, 1 for which Defendant was sentenced to five years’ imprisonment. On appeal, Defendant argues the trial court erred: (1) in overruling Defendant’s motion for judgment of acquittal at the close of all evidence and in entering a judgment of conviction against Defendant because the State failed to make a submis-sible case for second-degree assault; (2) in overruling defense counsel’s objection to the inclusion of racial epithets used…