State v. Kopf

HOUSER, Commissioner.

Irvin Kopf, charged with and convicted by a jury of assault with intent to kill with malice, § 559.180, RSMo 1969, V.A.M.S., under the Second Offender Act, appeals from the ensuing judgment and 35-year sentence imposed by the trial judge.

The court did not err in failing to sustain appellant’s motion for judgment of acquittal or for new trial on the ground that the State failed to produce any evidence upon which a jury could base a finding of specific intent to kill. On the evening of May 23, 1970 two boys, 13 and 14 years of age, started to the home of one of them, after…