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Criminal Law: First-Degree Assault-Sufficiency of Evidence-Curative Instruction
Staff Report//September 15, 2023
Criminal Law: First-Degree Assault-Sufficiency of Evidence-Curative Instruction
Staff Report//September 15, 2023
Where defendant challenged his conviction for first-degree assault, there was sufficient evidence that the defendant intended to cause serious physical injury to the victim, and the trial court did not abuse its discretion in overruling the defendant’s request for a mistrial because the state’s improper questions related to the defendant’s state of mind were adequately dealt with through a curative instruction.
Judgment is affirmed.
State v. Bruce (MLW No. 80498/Case No. SD37363 – 13 pages) (Missouri Court of Appeals, Southern District, Growcock, J.) Appealed from circuit court, Polk County, Rohrs, J. (Jedd Christian Schneider, Columbia, for appellant) (Julia Rives, Jefferson City, for respondent).
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