386 S.W.3d 919
Mo. Ct. App.2012Background
- Victim was a KFC shift supervisor; Defendant was Victim's ex-husband.
- On May 24, 2011, Victim went to Defendant's apartment to collect belongings.
- Defendant held a ceramic bowl and struck Victim on the head, causing the bowl to break.
- Victim fell, was disoriented, and suffered a four- to five-inch head wound requiring staples.
- Officer Flowers observed extensive blood and found broken ceramic bowl at the apartment, with Victim treated at a hospital.
- Defendant admitted during trial that he hit Victim with the bowl; he was convicted of first-degree domestic assault and ACA, and acquitted on the weapon charge.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether there was sufficient evidence of serious physical injury for first-degree domestic assault (class B felony). | Victim sustained serious injury not required for class B. | No serious physical injury proven for B felony. | Sufficient evidence; no serious injury required for class B felony. |
| Whether the ceramic bowl was a dangerous instrument supporting ACA liability. | Bowl readily capable of causing serious injury. | Bowl not a dangerous instrument because injury necessity not shown. | Ceramic bowl is a dangerous instrument under §556.061(9). |
Key Cases Cited
- State v. Greer, 348 S.W.3d 149 (Mo.App.2011) (limits on injury focus for first-degree assault)
- State v. Williams, 126 S.W.3d 877 (Mo. banc 2004) (dangerous instrument analysis; not designed as weapon)
- State v. Carpenter, 72 S.W.3d 281 (Mo.App.2002) (dangerous instrument with ordinary function context)
- State v. Arnold, 216 S.W.3d 203 (Mo.App.2007) (analogous dangerous instrument analysis)
- State v. Terrell, 751 S.W.2d 394 (Mo.App.1988) (functional approach to dangerous instrument)
- State v. Eoff, 193 S.W.3d 366 (Mo.App.2006) (what injuries instrument is capable of causing)
- State v. White, 798 S.W.2d 694 (Mo.banc 1990) (assault first degree—purpose to cause injury; punishment factor)
- State v. Hacker, 214 S.W.2d 413 (Mo.1948) (whiskey bottle as deadly weapon under use)
- State v. Goodman, 496 S.W.2d 850 (Mo.banc 1973) (bottles as deadly weapons under circumstances)