564 A.2d 70 | Me. | 1989
Defendant Jack Frost appeals from a conviction of aggravated assault (17-A M.R.S.A. § 208 (1983)) resulting from a jury trial in the Superior Court (Cumberland County, Lipez, J.). Defendant moved for continuance when a defense witness failed to appear in response to a subpoena. The presiding justice determined that the missing witnesses’ testimony would be cumulative and denied defendant’s motion to continue the trial. We find that the justice did not abuse his discretion and thus, his ruling must be upheld on appeal. State v. Reed, 479 A.2d 1291, 1295 (Me.1984). We also find that the evidence was sufficient to allow the jury rationally to find beyond a reasonable doubt every element of the offense charged. State v. Barry, 495 A.2d 825, 826 (Me.1985).
Finally, defendant argues that the court erroneously supplemented his instructions concerning the definition of “serious bodily injury.”
The entry is:
Judgment affirmed.
. 17-A M.R.S.A. § 208 provides in pertinent part:
1. A person is guilty of aggravated assault if he intentionally, knowingly, or recklessly causes:
*71 A. Serious bodily injury to another_
"Serious bodily injury" is defined in 17-A M.R. S.A. § 2(23) (1983) as “a bodily injury which creates a substantial risk of death or which causes serious, permanent disfigurement or loss or substantial impairment of the function of any bodily member or organ, or extended convalescence necessary for recovery of physical health.