HIGGINS, Commissioner.
Roger L. Brager, charged jointly with Milt T. Kelton, with assault with intent to kill with malice aforethought, was, upon separate trial, convicted by a jury. The jury was unable to agree on defendant's punishment; the court assessed his punishment at 25 years' imprisonment and rendered sentence and judgment accordingly. § 559.180, RSMo 1969, V.A.M.S.; Rule 27.03, V.A.M.R. (Appeal taken prior to January 1, 1972.)
By Point II appellant...
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