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STATE v. NELSON

No. 56464.

470 S.W.2d 464 (1971)

STATE of Missouri, Respondent, v. Melvin Eugene NELSON, Appellant.

Supreme Court of Missouri, Division No. 2.

Motion for Rehearing or for Transfer Denied September 13, 1971.

Attorney(s) appearing for the Case

John C. Danforth, Atty. Gen., Charles A. Blackmar, Asst. Atty. Gen., Jefferson City, for respondent.

Edward D. Hodge, Edwards, Seigfreid & Runge, Mexico, for appellant.

Motion for Rehearing or for Transfer to Court En Banc Denied September 13, 1971.

STOCKARD, Commissioner.

Melvin Eugene Nelson, appellant herein, was charged with assault with intent to kill with malice, in violation of § 559.180 (all statutory references are to RSMo 1969, V. A.M.S.), but was found guilty by a jury of the lesser included offense, State v. Bryant, Mo., 375 S.W.2d 122, of assault with intent to kill without...

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