State v. Washington

SNYDER, Judge.

A jury found appellant guilty of assault in the second degree, § 565.060, RSMo 1978. The trial court entered a judgment of conviction upon the verdict and imposed a sentence of imprisonment for five years. Appellant challenges an instruction based upon MAI-CR 2.60 submitted to the jury, and the verdict returned by the jury. Appellant’s conviction and sentence are affirmed.

Appellant’s conviction was based upon evidence appellant shot William Jones in a bar where Jones worked as a bartender. A few days before Jones was shot, Jones had put appellant’s wife out of the bar. Appellant…