State v. O'Connell

GRIMM, Judge.

A jury found defendant guilty of second degree assault, § 565.060, RSMol994. It recommended one year in the county jail and a fine, the amount to be determined by the court. The trial court sentenced defendant to one year and to pay a $1,000 fine. Thereafter, defendant filed a Rule 29.15 motion. The motion court dismissed it because the court found it to be improperly verified.

Defendant appeals. In his first point, he alleges the trial court erred in overruling his objection to the State’s Exhibit 10, a hammer, because it was never identified as the weapon used in the assault. In…