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STATE v. WHITE

No. 7681.

313 S.W.2d 47 (1958)

STATE of Missouri, Respondent, v. Elmer WHITE, Appellant.

Springfield Court of Appeals, Missouri.

Motion for Rehearing or to Transfer Overruled May 12, 1958.

Attorney(s) appearing for the Case

Llyn Bradford, Rolla, for appellant.

Jay White, Rolla, for respondent.

STONE, Presiding Judge.

In this criminal case written on reassignment, defendant was charged by information under Section 559.190 with an assault upon one Robert Duckworth with intent to do great bodily harm, a mixed felony for which the maximum punishment is imprisonment in the penitentiary for five years. (All statutory references herein are to RSMo 1949, V.A.M.S.) Upon trial, the jury found defendant guilty of common assault (on which the court also instructed...

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