STATE v. MILLER

No. KCD 28118.

542 S.W.2d 322 (1976)

STATE of Missouri, Plaintiff-Respondent, v. Larry Ray MILLER, Defendant-Appellant.

Missouri Court of Appeals, Kansas City District.

Motion for Rehearing and/or Transfer Denied October 12, 1976.


Attorney(s) appearing for the Case

Austin F. Shute, Kansas City, for defendant-appellant.

John C. Danforth, Atty. Gen., Charles L. Howard, Asst. Atty. Gen., Jefferson City, for plaintiff-respondent.

Before DIXON, P. J., PRITCHARD, C. J., and WASSERSTROM, J.


Motion for Rehearing and/or Transfer to Supreme Court Denied October 12, 1976.

DIXON, Presiding Judge.

A jury convicted the defendant of assault with intent to kill with malice aforethought but were unable to agree on the punishment. The trial court set the punishment at twenty years, and the defendant appeals from the judgment and sentence entered.

The defendant raises no issue of submissibility and a brief statement of the facts will suffice. Frank...

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