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STATE v. JOHNSON

No. 55351.

461 S.W.2d 724 (1971)

STATE of Missouri, Respondent, v. Earsel Larry JOHNSON, Appellant.

Supreme Court of Missouri, Division No. 1.

January 11, 1971.

Attorney(s) appearing for the Case

John C. Danforth, Atty. Gen., Thomas H. Stahl, Asst. Atty. Gen., Jefferson City, for respondent.

L. E. Atherton, Milan, for appellant.

HOUSER, Commissioner.

Earsel Larry Johnson was charged with and convicted by a jury of felonious assault with intent to do great bodily harm with malice aforethought. § 559.180, V.A. M.S. Sentenced to five years' imprisonment, he has appealed.

According to the State's evidence Johnson assaulted and stabbed Clifford Nickell with a knife at a tavern.

Error is assigned in the failure of the State to prove that the crime was committed in Sullivan...

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