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STATE v. SPENCER

No. 46158.

307 S.W.2d 440 (1957)

STATE of Missouri, Respondent, v. Irving Lawrence SPENCER, Appellant.

Supreme Court of Missouri. Division No. 2.

December 9, 1957.

Attorney(s) appearing for the Case

Ronald J. Fuller, Rolla, Paul Taub, Overland, for appellant.

John M. Dalton, Atty. Gen., W. Don Kennedy, Asst. Atty. Gen., for respondent.

STOCKARD, Commissioner.

Irving Lawrence Spencer was found guilty of an assault with intent to kill or do great bodily harm by shooting James E. Blankenship with a rifle. Section 559.190 RSMo 1949, V.A.M.S. The punishment assessed by the jury was confinement in the penitentiary for a term of two years "with recommendation that he be paroled that he may continue his education." By reason of the disposition of this appeal, we need not consider the effect of this recommendation...

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