STATE v. WITZKE

No. 13319.

673 S.W.2d 826 (1984)

STATE of Missouri, Plaintiff-Respondent, v. Wade WITZKE, Defendant-Appellant.

Missouri Court of Appeals, Southern District, Division One.

July 2, 1984.


Attorney(s) appearing for the Case

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

John L. Woodward, Woodward, Rohrer & Mazzei, P.C., Steelville, for defendant-appellant.


GREENE, Chief Judge.

Defendant, Wade Witzke, was jury-convicted of first degree assault, § 565.050, RSMo 1978, and sentenced to 15 years' imprisonment in accordance with the jury's recommendation.

The sufficiency of the evidence is not questioned. It suffices to say that there was evidence presented to the jury that Witzke, while engaged in an argument with an adversary of long standing, Carl Lee Jones, pulled out a .22 caliber pistol and pointed it at...

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