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STATE v. HARPER

No. 50760.

386 S.W.2d 353 (1965)

STATE of Missouri, Plaintiff-Respondent, v. Woodrow HARPER, Defendant-Appellant.

Supreme Court of Missouri, Division No. 2.

February 8, 1965.

Attorney(s) appearing for the Case

Thomas F. Eagleton, Atty. Gen., Jefferson City, Edward A. Glenn, Sp. Asst. Atty. Gen., Louisiana, for respondent.

Briney, Welborn, Spain, Bloomfield, for appellant.

BARRETT, Commissioner.

Woodrow Harper has been found guilty of an assault with intent to kill and sentenced to six months' imprisonment and a fine of $500. V.A.M.S. § 559.190. The information charged that Woodrow made an assault upon Calvin Davis with a .22 caliber pistol. State v. Harris, 209 Mo. 423, 108 S.W. 28.

The circumstances were that about 6:30 on Saturday, December 29, 1962, Calvin Davis, age 26,...

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