State v. Rhoden

243 S.W.2d 75 (1951)

STATE

v.

RHODEN.

No. 42453.

Supreme Court of Missouri, Division No. 1.

November 12, 1951.

Tom A. Shockley, Waynesville, for appellant.

J. E. Taylor, Atty. Gen., Taylor L. Francisco, Asst. Atty. Gen., for respondent.

LOZIER, Commissioner.

Appellant, hereinafter called defendant, was convicted of assault with intent to kill, but without malice, and sentenced to three years imprisonment. He assigns error in the argument of, and the examination and cross-examination of witnesses by, the special prosecutor and in the trial court's failure to submit an instruction upon the issue of…