State v. Teagues

In this criminal case, the state charged defendant with fourth-degree assault, among other crimes. At trial, the state contended that the jury could convict defendant of the assault based either on evidence that defendant had caused the alleged victim to scrape her knee or on evidence that he had choked her. In response, defendant asserted that, because the state was arguing that the jury could convict him of assault based on either of two separate instances of conduct, the trial court had to either require the state to elect its theory on the assault count or instruct the jury that it had to…