STATE v. BOLEY

No. KCD 26391.

501 S.W.2d 493 (1973)

STATE of Missouri, Respondent, v. Gerald BOLEY, Appellant.

Missouri Court of Appeals, Kansas City District.

November 5, 1973.


Attorney(s) appearing for the Case

Robert F. Pyatt, Frith & Pyatt, Chillicothe, for appellant.

John C. Danforth, Atty. Gen., Mark D. Mittleman, Asst. Atty. Gen., Jefferson City, for respondent.

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


PER CURIAM:

In a jury tried case defendant was convicted of felonious assault under Section 559.180, RSMo 1969, V.A.M.S., and sentenced to five years. Defendant's sole contention on appeal is the court erred in the verdict-directing instructions given because they allowed the jury to find him guilty of felonious assault "with the intent to do great bodily harm or kill", whereas the information charged felonious assault "with the intent . . . to kill". Defendant, in...

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