LEEDY, Judge.
Appellant Ronald Westberg (hereinafter referred to as defendant) was convicted in the Circuit Court of Laclede County of a felony under § 559.180 RSMo 1949 and V.A.M.S., in having, on purpose and of his malice aforethought, assaulted and shot a state highway patrolman with a pistol with intent to kill. The jury assessed his punishment at imprisonment in the penitentiary for a term of 25 years. This appeal is from the sentence and judgment pronounced...
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