State v. Bennett

—A jury found Dennis Jay Bennett guilty of simple assault for striking a child who lived with him. He appeals the judgment and sentence on two grounds: (1) that the trial court erred by not instructing the jury that the State had the burden to prove the charged assault was not a justifiable use of force to discipline a child; and (2) that the trial judge improperly admitted evidence of prior uncharged spankings Bennett gave the child. We hold that the trial court denied the defendant's due process right requiring the State to prove every element of the crime beyond a reasonable doubt and…