State v. Scott

HENLEY, Judge.

Henry John Scott (hereinafter defendant) appeals from a conviction of striking an officer in the performance of his duties. Section 557.215, RSMo 1969, V.A.M.S. He was sentenced to imprisonment for two years. We retain jurisdiction to dispose of the appeal pursuant to the schedule (§ 31, para. 4) to the 1970 amendment of Article V, Missouri Constitution, V.A.M.S., since it was pending in this court on January 1, 1972.

At the time of the incident which brought the instant conviction, defendant was awaiting trial in the Rolla city jail on other charges. When deputy sheriff Scott…