SPIDLE v. STATE

No. 54410.

446 S.W.2d 793 (1969)

Louis Otto SPIDLE, Appellant, v. STATE of Missouri, Respondent.

Supreme Court of Missouri, Division No. 1.

November 10, 1969.


Attorney(s) appearing for the Case

Philip H. Schwarz, St. Joseph, for movent appellant.

John C. Danforth, Atty. Gen., Gene E. Voigts, First Asst. Atty. Gen., Jefferson City, for respondent.

Charles A. Blackmar, Asst. Atty. Gen., Jefferson City.


WELBORN, Commissioner.

Louis Otto Spidle was charged in the Buchanan County Circuit with assault with intent to kill with malice aforethought. § 559.180, RSMo 1959, V.A.M.S. A jury found him guilty, by verdict returned June 8, 1965, of the lesser included offense of assault without malice. § 559.190, RSMo 1959, V.A.M.S. His punishment was fixed at five years' imprisonment. On appeal, the conviction was reversed because of error in the trial court's failure...

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