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STATE v. PAYNE

No. 56656.

484 S.W.2d 265 (1972)

STATE of Missouri, Respondent, v. Ellen L. PAYNE, Appellant.

Supreme Court of Missouri, Division No. 1.

September 11, 1972.

Attorney(s) appearing for the Case

John C. Danforth, Atty. Gen., G. Michael O'Neal, Asst. Atty. Gen., Jefferson City, for respondent.

George E. Sullivan and Michael A. Turken, O'Fallon, for appellant.

HIGGINS, Commissioner.

Ellen L. Payne, charged with assault with intent to kill her husband, Larry Payne, with malice aforethought, was convicted of assault with intent to do great bodily harm without malice aforethought, by a jury which assessed her punishment at imprisonment in the county jail for one year. Sentence and judgment were rendered accordingly. §§ 559.180, 559.190, V. A.M.S.

Appellant contends, among other things, that the evidence was...

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