STATE v. ZISMER

No. 13874.

696 S.W.2d 349 (1985)

STATE of Missouri, Plaintiff-Respondent, v. Robert ZISMER and Elwyn Gayle Dull, Defendants-Appellants.

Missouri Court of Appeals, Southern District, Division Two.

August 21, 1985.


Attorney(s) appearing for the Case

Morran D. Harris, Osceola, for defendants-appellants.

William L. Webster, Atty. Gen., Mary Elise Burnett, Asst. Atty. Gen., Jefferson City, for plaintiff-respondent.


HOGAN, Presiding Judge.

Defendants Robert Zismer and Elwyn Gayle Dull were convicted by a jury of assault in the second degree by attempting to cause physical injury to another, in violation of § 565.060, RSMo 1978, now repealed. Their punishment was assessed at a fine of $300. They have appealed jointly as permitted by Rule 30.01(b).

In this court, counsel has briefed six assignments of error. They are: 1) that the venue of the crime was not proved;...

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