STOCKARD, Commissioner.
Samuel Montgomery was found guilty by a jury of assault with intent to kill on purpose and with malice aforethought. Section 559.180 RSMo 1959, V.A.M.S. After finding that the defendant had previously been convicted and sentenced for the felony of murder, second degree, as alleged in the indictment, punishment was fixed by the trial judge at thirty-five years' imprisonment. Sentence and judgment followed. A notice of appeal was not filed within...
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