STATE v. PAYTON

No. 39450.

581 S.W.2d 384 (1979)

STATE of Missouri, Respondent, v. Ernest L. PAYTON, Appellant.

Missouri Court of Appeals, Eastern District, Division One.

February 14, 1979.


Attorney(s) appearing for the Case

Quinn & Ground, Paul Ground, Manchester, for appellant.

John D. Ashcroft, Atty. Gen., Paul R. Otto, Eric Martin, Steve Steinhilber, Asst. Attys. Gen., Jefferson City, George A. Peach, Circuit Atty., Dean Hoag, Asst. Circuit Atty., St. Louis, for respondent.


SMITH, Judge.

Defendant appeals from his jury conviction of assault with intent to kill with malice and the resultant 15 year sentence imposed by the court pursuant to the second offender act. We affirm.

Defendant raises five points on appeal. Three of those points were not specifically raised in defendant's motion for new trial and are not therefore preserved for review. We have examined those points under the plain error doctrine and find no basis for invoking...

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