State v. Curby

REINHARD, Judge.

The defendant was convicted of assault with intent to do great bodily harm without malice and sentenced to a term of five years imprisonment according to the verdict of the jury. On appeal, he raises four points upon which he seeks reversal.

The evidence shows that on the night of December 30, 1974, the defendant, Larry Curby, and three friends, Sylvia Barge, Joe Harrell and Caroline Richardson, were walking south on Euclid Avenue in St. Louis. At approximately 8:30 p. m. Curby’s group passed a group of three men walking the other way on the same side of the street. Within…