State v. Hardy

This is an appeal from a judgment of the Stoddard Circuit Court convicting appella}it (hereinafter referred to as defendant) of “assault with malice aforethought,” and sentencing him to five years’ imprisonment in the state penitentiary. Defendant waived a jury, and trial was to the court, as authorized by the new matter appearing as the last clause of § 22, Art. I, Const, of Mo., 1945. This appears to be the first appeal to reach this court in any criminal case tried under this new, constitutionally sanctioned procedure.

Joe Tucker, the prosecuting witness, operated a cafe about a mile south…