State v. Ross

CRANDALL, Judge.

Appellant, Charles Ross, was convicted in a jury trial of two counts of assault in the first degree by means of a deadly weapon, § 565.050, RSMo (1978), and sentenced to imprisonment for fifteen years on each count to be served consecutively. He appeals to this court alleging that the trial court erred in refusing to instruct the jury on the included offense of assault in the second degree, § 565.060, RSMo (1978), and in permitting improper closing argument by the prosecutor. We reverse and remand.

The assault occurred on October 24, 1980. That day, Steven Buckner, a student at…