State Missouri v. Elwin Pierre Adams

A jury found defendant guilty of assault in the second degree ( § 565.060), a class D felony, and he was sentenced to three years' imprisonment. Defendant appeals. Defendant's first point is that the trial court erred in denying his motion for judgment of acquittal at the close of all the evidence for the reason that the evidence was insufficient to support the conviction. In ruling that contention this court must view the evidence in the light most favorable to the state, accept all substantial evidence and all legitimate inferences fairly deducible therefrom tending to support the verdict, and reject contrary and contradictory evidence. State v. Petrechko, 486 S.W.2d 217 (Mo. 1972). The defendant offered the testimony of himself and other witnesses and thus the submissibility of the case will be determined upon all the evidence. State v. Sykes, 372 S.W.2d 24, 25[2] (Mo. 1963).