STATE v. JOHNSON

No. KCD 26358.

501 S.W.2d 551 (1973)

STATE of Missouri, Respondent, v. Dennis C. JOHNSON, Appellant.

Missouri Court of Appeals, Kansas City District.

November 5, 1973.


Attorney(s) appearing for the Case

F. C. Cline, Public Defender, 13th Judicial Circuit, Columbia, for appellant.

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

Before DIXON, C. J., and PRITCHARD and SOMERVILLE, JJ.


PER CURIAM:

In a jury-waived case, the appellant was convicted of assault with intent to kill with malice aforethought and sentenced to twenty years. Defendant filed a motion for a new trial alleging two points. The same two points are raised on appeal. One, the judgment was not supported by sufficient evidence. Two, it was error for the trial court to permit the recall of the complaining witness before the close of the state's case.

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