State v. Thomas

The appellant was convicted by a jury in the Laclede county circuit court of assault with intent to rape. His punishment was assessed at two years’ imprisonment in the penitentiary. We take up in their order his briefed assignments of error, stating the facts applicable to each in the discussion thereof.

Appellant’s first contention is that his challenge to the poll of Ferrell Burns, a member of the jury panel, should have been sustained under See. 4057, R. S. 1939, Mo. R. S. A., sec. 4057, because Burns stated in his voir dire examination that his sister was the wife of a brother of the…