As Modified on Court's Own Motion April 13, 1971.
FINCH, Judge.
Defendant, charged under the Second Offender Act (§ 556.280, V.A.M.S.) with a prior conviction and with assault with intent to kill with malice aforethought, was convicted by a jury of assault with intent to kill without malice (§§ 559.180; 559.190, V.A.M.S.). The trial court found that defendant had a prior conviction and sentenced him to imprisonment for five years, from which...
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