STATE v. HARRIS

No. 38782.

556 S.W.2d 468 (1977)

STATE of Missouri, Respondent, v. Earl Lee HARRIS, Appellant.

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

September 13, 1977.


Attorney(s) appearing for the Case

James A. Cochrane, III, Finch, Bradshaw, Strom & Steele, Cape Girardeau, for appellant.

John D. Ashcroft, Atty. Gen., Walter O. Theiss, Asst. Atty. Gen., Jefferson City, for respondent.


GUNN, Judge.

Defendant was convicted of assault without malice aforethought. The appeal is based on the trial court's failure to instruct on common assault. We affirm.

The defendant and his brother entered a house where the victim, Robert Carter, was visiting. The defendant's entry was as an uninvited guest. Without provocation and with only a "nobody move" warning, the defendant approached Carter and struck him in the face with a .32 caliber revolver. As...

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