LEEDY, Judge.
This is an appeal from a judgment of the Stoddard Circuit Court convicting appellant (hereinafter referred to as defendant) of "assault with malice aforethought," and sentencing him to five years' imprisonment in the state penitentiary. Defendant waived a jury, and trial was to the court, as authorized by the new matter appearing as the last clause of § 22, Art. I, Const. of Mo., 1945, Mo.R.S.A. This appears to be the first appeal to reach this...
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