Assault – Intent 

Posted: 1:00 am Mon, March 15, 2010
By admin
Tags: Assault

Where defendant approached J.M. with a knife in his raised hand; defendant’s son grabbed defendant from behind; and thinking that his son was another person, defendant stabbed his son twice; we conclude that the evidence of intent was sufficient to support defendant’s conviction of second-degree assault of his son because defendant’s mistaken belief that he was swinging at another person does not negative his intent to inflict bodily harm.

We reject the additional claims of error.

Affirmed.