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STATE v. FRANKLIN

No. 50354.

379 S.W.2d 526 (1964)

STATE of Missouri, Respondent, v. Ernest FRANKLIN, Appellant.

Supreme Court of Missouri, Division No. 2.

June 8, 1964.

Attorney(s) appearing for the Case

Roger M. Hibbits, St. Louis, Mo., for appellant.

Thomas F. Eagleton, Atty. Gen., Paul N. Chitwood, Asst. Atty. Gen., Jefferson City, Mo., for respondent.

STOCKARD, Commissioner.

Ernest Franklin was found guilty by a jury of the felony of assault with intent to kill with malice aforethought, and his punishment was assessed by the jury at confinement for a term of fifteen years. He has appealed from the judgment entered pursuant to the verdict.

The record before us shows that on October 23, 1962, appellant was charged by indictment with the offense of assault with intent to kill with malice aforethought, and...

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