(concurring in result).
Due to the dissertation on aggravated assault and particularly the footnote thereon contained in the majority opinion, I am forced to concur in the result of this opinion and not vote a straight concurrence. How can I place my imprimatur on the author’s dissertation, particularly the footnote, when it is an obvious attempt to undermine, again, the holding by this Court in State v. Feyereisen, 348 N.W.2d 384 (S.D.1984), State v. Cook, 319 N.W.2d 809, 811 (S.D.1982), and State v. Corle, 294 N.W.2d 799 (S.D.1980)?
In Feyereisen, 343 N.W.2d at 386, we stated:
In light of the state statute and our prior holding, we are unwilling to read an additional knowledge requirement into SDCL 22-18-1.1(3). The legislature did not intend to include knowledge of the victim’s identity as an element of the offense. And this Court cannot and should not amend a statute to avoid or produce a particular result. See State v. Esmay, 72 S.D. 270, 33 N.W.2d 280 (1948).