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STATE v. MILLER

No. 52872.

427 S.W.2d 506 (1968)

STATE of Missouri, Respondent, v. Jesse Earl MILLER, Appellant.

Supreme Court of Missouri, Division No. 1.

May 13, 1968.

Attorney(s) appearing for the Case

Norman H. Anderson, Atty. Gen., Jefferson City, James T. O'Brien, Asst. Atty. Gen., St. Louis, for respondent.

Daniel P. Reardon, Jr., St. Louis, for appellant.

HOUSER, Commissioner.

Jesse Earl Miller was charged by information as an habitual offender with assault with intent to maim with malice aforethought. § 559.180.1 Found guilty by a jury of assault with intent to maim, but without malice aforethought, he was sentenced by the trial judge to confinement in the custody of the department of corrections for a period of four years.

On this appeal his first two points relate to alleged...

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