State v. Gannaway

EAGER, Judge.

The defendant was convicted of assault with intent to kill or do great bodily harm and sentenced to two years in the penitentiary. After unsuccessfully moving for a new trial he has appealed. There being no brief for appellant, whom we shall designate as the defendant, we consider such points of the motion for new trial as are sufficiently raised under 42 V.A.M.S. Rule 27.20 Supreme Court Rules. State v. Thomas, Mo., 309 S.W.2d 607.

The state adduced testimony from which the jury might fairly have found to be true the facts which we now set out. One Richard Morton (described in…