State v. McKAGUE

¶1 Jay McKague appealed his conviction for second degree assault, and the Court of Appeals affirmed in a split decision. We affirm the Court of Appeals’ holding that substantial evidence supported the conviction, but in doing so we disapprove of the definition of “substantial bodily harm” applied by the Court of Appeals majority.

¶2 McKague shoplifted a can of smoked oysters from Kee Ho Chang’s convenience store. Chang followed McKague out of the store and confronted him in the parking lot. When McKague tried to leave, Chang grabbed his sweat shirt. McKague punched Chang in the head several…