STATE v. MARKS

No. 50250.

376 S.W.2d 116 (1964)

STATE of Missouri, (Plaintiff) Respondent, v. Henry MARKS, (Defendant) Appellant.

Supreme Court of Missouri, Division No. 1.

March 9, 1964.


Attorney(s) appearing for the Case

Claude T. Wood, Richland, Horace T. Robinson, Waynesville, for appellant.

Thomas F. Eagleton, Atty. Gen., Scott O. Wright, Special Asst. Atty. Gen., Jefferson City, for respondent.


HOLMAN, Judge.

Defendant, Henry Marks, was found guilty of the offense of felonious assault, without malice, and his punishment was fixed at imprisonment in the penitentiary for a term of two years. See § 559.190, RSMo 1959, V.A.M.S. He has appealed from the ensuing judgment.

The issues on this appeal are such that a very brief statement of facts will suffice. Clarence Foster and Margaret Foster, his wife, operated a tavern in Waynesville, Missouri. In...

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