State v. Collins

WASSERSTROM, Presiding Judge.

This appeal arises from a jury trial at which defendant was convicted of assault with -malice aforethought, under § 559.180. 1 Three claims of error are now assigned, and a brief summary of the State’s evidence will suffice to place the issues in proper factual context.

Shortly before 9:00 P.M. on the evening of October 2, 1973, defendant, his wife Laura, Thurlow Johnson and Sally Roberson were drinking together at the Chou-teau Inn. An argument began between Thurlow Johnson and Laura Collins and soon developed into a heated exchange involving Johnson and…