SHANGLER, Presiding Judge.
The defendant was convicted by a jury for assault with intent to rob with malice aforethought [§ 559.180, RSMo 1969] and was sentenced to a term of four years.
There is no dispute that the evidence was not sufficient to convict, so a brief statement of facts suffices. The victim was on his way to an accustomed cafe for breakfast when he was accosted by three men, among them the defendant. They asked the victim for a cigarette...
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