Jay v. State

Judge Harold R. Banke.

Fredrick Bernard Jay was convicted of aggravated assault for a brutal attack on his wife. Notwithstanding the victim’s absence from Jay’s trial, the jury convicted him. On appeal, he contends that the underlying indictment was fatally defective and that the trial court erred in admitting several of the victim’s statements made to others shortly after the beating.

This domestic violence case arose from a social outing which turned ugly. When the victim and her dinner companions were leaving Dugan’s Restaurant, Jay suddenly appeared and began arguing with the victim,…