State v. Zismer

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in the second degree by attempting to cause physical injury to another, in violation of § 565.060, RSMo 1978, now repealed.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; 2) that former § 565.060 was unconstitutional, because it was “vague, indefinite and confusing, in that it fails to require intent, specific…