State v. Choate

NORWIN D. HOUSER, Special Judge.

This is an appeal from a judgment finding Danny Choate guilty of burglary, second degree, § 560.070,1 and assault with intent to do great bodily harm without malice, § 559.190, and sentencing him to two consecutive 5-year terms, following trial by jury.

Appellant’s first point is that Instructions Nos. 82 and 9 3 are repetitious, conflicting, misleading and prejudicial. Instruction No. 8 properly directed the jury to find defendant guilty of assault upon a finding of the two stated essential elements of the offense. Instruction No. 9, intended as a converse…