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STATE v. BRYANT

No. 59438.

538 S.W.2d 340 (1976)

STATE of Missouri, Respondent, v. Jesse BRYANT, Appellant.

Supreme Court of Missouri, En Banc.

July 12, 1976.

Attorney(s) appearing for the Case

Allen Harris, Bell, Harris & Kirksey, St. Louis, for appellant.

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

HENLEY, Judge.

The main issue presented is whether the court or the jury shall assess the punishment where the defendant, charged with a felony under the Second Offender Law,1 is found guilty of a misdemeanor, a lesser-included offense. We hold the jury shall.

Jesse Bryant (defendant), charged under the Second Offender Law with assault with intent to maim with malice aforethought, a felony,2 was found...

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