State v. Simon

Appellant was convicted of assault with intent to rob, as defined by Section 3262, Revised Statutes 1919. The jury fixed his punishment at imprisonment in the penitentiary for a term of five years. He has appealed from the judgment entered upon the verdict.

As it is strenuously urged that the evidence was not sufficient to make a submissible case, a full statement of the rather meager testimony is justified. The scene of the alleged assault was the southwest corner of Thirteenth Street and Washington Avenue, in the city of St. Louis. The time was fixed between the hours of two and three…