State v. Kimball

The defendant, Wayne Kimball, was indicted for first and second degree assault. A jury acquitted the defendant of first degree assault and convicted him of second degree assault. The defendant argues that the Superior Court (O’Neil, J.) erred when imposing sentence by improperly considering the first degree assault charge. We affirm.

Both indictments arose from a single incident involving the defendant’s son. The first degree assault indictment alleged that the defendant knowingly caused bodily injury to his son with a deadly weapon, a stick. The second degree assault indictment alleged that…