STATE v. RUSSELL

No. 40669.

602 S.W.2d 465 (1980)

STATE of Missouri, Plaintiff-Respondent, v. Michael Patrick RUSSELL, Defendant-Appellant.

Missouri Court of Appeals, Eastern District, Division Three.

Motion for Rehearing and/or Transfer July 18, 1980.


Attorney(s) appearing for the Case

James M. Martin, Rau & Martin, St. Louis, for defendant-appellant.

John Ashcroft, Atty. Gen., Paul Robert Otto, Asst. Atty. Gen., Jefferson City, George A. Peach, Circuit Atty., St. Louis, for plaintiff-respondent.


Motion for Rehearing and/or Transfer to Supreme Court Denied July 18, 1980.

DOWD, Presiding Judge.

Michael Patrick Russell, defendant below was convicted by a jury of assault with intent to kill with malice aforethought and sentenced to five years imprisonment. This appeal follows.

In early November, 1977, the defendant came into Mr. Preston's bookstore located at Meramec near Grand Avenue in St. Louis, Missouri. An argument between the two men ensued...

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