STATE v. McDONALD

No. 35010.

527 S.W.2d 380 (1975)

STATE of Missouri, Respondent, v. Donald McDONALD, Appellant.

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

Rehearing Denied September 8, 1975.


Attorney(s) appearing for the Case

Crouppen, Walther & Zwibelman, Roy A. Walther, III, St. Louis, for appellant.

John C. Danforth, Atty. Gen., Preston Dean, Neil McFarlane, Asst. Attys. Gen., Jefferson City, Brendan Ryan, Circuit Atty., John D. Chancellor, Asst. Circuit Atty., St. Louis, for respondent.


DOWD, Judge.

Defendant appeals from a conviction of assault with intent to kill without malice aforethought. A jury fixed defendant's sentence at six months in the St. Louis Medium Security Institution. Section 559.190, RSMo. 1969.

The facts can be briefly stated. Late in the evening of November 3,1971, defendant and a companion arrived at a combination tavern and pool hall in St. Louis. Defendant attempted to ...

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