State v. Cook

HOUSER, Commissioner.

Samuel J. Cook, charged under the Second Offender Act with a prior felony and with assault with intent to do great bodily harm with malice under § 559.180, 1 was found guilty of the latter charge by a jury and was found guilty of the prior felony by the trial judge. The court fixed his sentence at 15 years’ imprisonment. On appeal he is represented by the same court-appointed counsel who defended him in the trial court.

Questions as to the sufficency of the information, identification evidence and an instruction are raised on this appeal. A further question involves…