ELLISON, Presiding Judge.
The appellant was convicted by a jury's verdict in the St. Louis city circuit court of "assault to do great bodily harm as charged in the information." The State says the information was drawn under Sec. 4409, R.S.1939, Mo.R.S.A. The appellant contends the case was "prosecuted" under Sec. 4408. The jury assessed his punishment at a fine of $100 and imprisonment in the City Jail for three months. But nevertheless the crime was a felony under...
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