STATE v. WILSON

No. 39933.

576 S.W.2d 559 (1978)

STATE of Missouri, Respondent, v. James Madison WILSON, Appellant.

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

Motion for Rehearing and/or Transfers Denied January 12, 1979.


Attorney(s) appearing for the Case

William B. Haller, Asst. Public Defender, Twenty-First Judicial Circuit, Clayton, for appellant.

John D. Ashcroft, Atty. Gen., Paul Robert Otto, Asst. Atty. Gen., Jefferson City, for respondent.


Motion for Rehearing and/or Transfers to Supreme Court Denied January 12, 1979.

GUNN, Judge.

In a jury waived case, defendant was convicted of assault with intent to do great bodily harm without malice and was sentenced to six months' imprisonment. His appeal charges that the trial court erred in failing to consider whether the assault was a lesser and included offense of common assault. We find no error and affirm.

The record establishes that defendant...

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