State v. Janisch

MORGAN, Justice.

Appellant appeals from a judgment and sentence upon a jury verdict of guilty of aggravated assault under SDCL 22-18-1.-1(4). Appellant was sentenced to one year in the South Dakota State Penitentiary with credit given for time served in the Yankton County Jail while awaiting disposition of the case. He alleges insufficiency of the evidence to support the verdict and error due to the trial court’s failure to instruct the jury on the definition of “serious bodily injury.” He also challenges the constitutionality of the statute as being im-permissibly vague. We modify and remand.

D…