Criminal Law: Domestic Assault-Sufficiency of Evidence-Physical Evidence

Where a defendant challenged his conviction for domestic assault, evidence that the victim was strangled resulting in unconsciousness was sufficient to support a finding that she suffered a physical injury to support the conviction for domestic assault in the second degree, and the omission of an element in a jury instruction did not result in manifest injustice, so the judgment is affirmed.

Judgment is affirmed.

State v. Marley (MLW No. 74926/Case No. WD82665 – 16 pages) (Missouri Court of Appeals, Western District, Ardini Jr., J.) Appealed from circuit court, Jackson County, Wolf III, J. (Justin A. Moody for respondent) (Jeannie M. Willibey for appellant).