Keith v. State

OPINION

BRETT, Judge:

Appellant, Wayne Keith, was found guilty of Aggravated Assault and Battery, a misdemeanor, in Pottawatomie County District Court in Case No. CRM-83-141. The six person jury recommended the maximum punishment, one year in the County jail and a $500 fine; appellant was sentenced accordingly. He appeals.

In the afternoon of February 21, 1983, Randy Woder, the complaining witness, went with two men to a residence to pick up an A frame (a piece of equipment used to lift motors). A man that lived at the house had called Woder and asked him to come get the A frame. Shortly after…