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STATE v. MACONE

No. 10665.

585 S.W.2d 64 (1979)

STATE of Missouri, Plaintiff-Respondent, v. James Ace MACONE, Defendant-Appellant.

Missouri Court of Appeals, Southern District, Division One.

Motion for Rehearing or to Transfer Denied July 25, 1979.

Application to Transfer Denied September 11, 1979.

Attorney(s) appearing for the Case

Douglas M. Hamilton, Joplin, for defendant-appellant.

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

JAMES H. KEET, Jr., Special Judge.

Appellant was convicted of assault with intent to kill with malice aforethought and sentenced to the term of 30 years imprisonment, fixed by the jury. He appeals on two grounds, effectively preserved: (1) the state did not make a submissible case because it failed to prove that defendant acted with intent to kill a specific person (the alleged victim) as required under § 559.1801 and (2) the trial...

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