STATE v. MIXEN

No. 51977.

426 S.W.2d 92 (1968)

STATE of Missouri, Respondent, v. Gale MIXEN, Carroll Lloyd, and Harold Hanger, Appellants.

Supreme Court of Missouri, Division No. 1.

April 8, 1968.


Attorney(s) appearing for the Case

Norman H. Anderson, Atty. Gen., L. Michael Lorch, Asst. Atty. Gen., Jefferson City, for respondent.

Lester Watson, Richmond Heights, for appellants.


HOUSER, Commissioner.

Gale Mixen, Carroll Lloyd and Harold Hanger were jointly charged, each under the Habitual Criminal Act, § 556.280, RSMo 1959, V.A.M.S., with assault with intent to do great bodily harm, with malice. They waived a jury, were tried by the court and found guilty. Punishment of each defendant was assessed at seven years in the custody of the department of corrections. All three appealed.

The alleged victim of the assault, Glen Lodl,...

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