STATE v. ROSS

No. KCD 29138.

563 S.W.2d 125 (1978)

STATE of Missouri, Plaintiff-Respondent, v. Robert E. ROSS, Defendant-Appellant.

Missouri Court of Appeals, Kansas City District.

February 27, 1978.


Attorney(s) appearing for the Case

Clifford A. Cohen, Public Defender, Sixteenth Judicial Circuit, Lee M. Nation, Asst. Public Defender, Kansas City, for defendant-appellant.

John D. Ashcroft, Atty. Gen., Jeff W. Schaeperkoetter, Asst. Atty. Gen., Jefferson City, for plaintiff-respondent.

Before SOMERVILLE, P. J., and DIXON and TURNAGE, JJ.


DIXON, Judge.

The defendant appeals a jury-imposed sentence of five years for felonious assault with malice.

The sufficiency of the evidence is not questioned, and the record amply supports the following facts.

A 71-year-old man was shot in the back while walking along a public street. He heard two shots, the second of which struck him. The bullet which struck him was removed from his back. Police officers, responding to the shooting report, canvassed...

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