STATE v. STUCKER

No. 35861.

518 S.W.2d 219 (1974)

STATE of Missouri, Plaintiff-Respondent, v. Jerry Lynn STUCKER, Defendant-Appellant.

Missouri Court of Appeals, St. Louis District, Division One.

Motion for Rehearing or Transfer Denied January 14, 1975.

Application to Transfer Denied February 10, 1975.


Attorney(s) appearing for the Case

Madigan, Hadican & Maloney, St. Louis, for defendant-appellant.

John C. Danforth, Atty. Gen., Preston Dean, Ellen S. Roper, Asst. Attys. Gen., Jefferson City, J. Brendan Ryan, Circuit Atty., Nels C. Moss, Jr., Asst. Circuit Atty., St. Louis, for plaintiff-respondent.


WEIER, Judge.

Defendant was found guilty of felonious assault and sentenced to six years imprisonment. He appeals, contending the state's verdict directing instruction lacked evidentiary support.

Evidence was that two innocent by-standers, Wilson King and Ralph Isaac, saw defendant and an accomplice tampering with a parked truck. When the tamperers noticed their observers they rapidly drove off. King and Isaac went to the truck and were examining it when defendant...

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