MORGAN, Judge.
Defendant appeals from his conviction for felonious assault without malice aforethought under Section 559.190, RSMo 1959, V.A.M.S. Punishment was assessed at two years confinement in the penitentiary.
A brief summary of the facts will suffice for our disposition of the controlling issue presented. The complaining witness, Bert Searcy, worked at a filling station near Brunswick in Chariton County. Sometime after midnight on June 12, 1966, defendant...
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