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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