State v. Aguilar

STOCKARD, Commissioner.

Defendant, charged under the Second Offender Act, § 556.280, RSMo 1959, V.A. M.S., was found guilty by a jury of an assault with intent to rob without malice aforethought, and was sentenced by the court to imprisonment for a term of three years. Defendant’s only contention on this appeal is that the trial court erred in overruling his motion for judgment of acquittal because the state failed to establish by competent evidence that he was the person who committed the crime charged. We must, of necessity, set forth the evidence with considerable particularity.

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