State v. McGlothan

A grand jury indicted Defendant for felonious assault and domestic violence. During a bench trial, the victim testified that Defendant was her boyfriend and had lived with her for about a year. The trial court found Defendant not guilty of felonious assault but guilty of attempted felonious assault and domestic violence. The court of appeals affirmed Defendant’s conviction for attempted felonious assault but reversed his conviction for domestic violence, ruling that the state must prove the victim and Defendant shared living expenses in order to convict Defendant of domestic violence. The Supreme Court reversed and reinstated the judgment of the trial court, holding that because the state proved that the victim was a family or household member, Defendant’s crime fell within the purview of the domestic violence statute. View "State v. McGlothan" on Justia Law