State v. Clary

COIL, Commissioner.

Raymond Clary was convicted of the charge brought under the provisions of Section 559.210 RSMo 1959 and V.A.M.S., of unlawfully striking and kicking William Barnes in a manner likely to produce death or great bodily harm and thereby inflicting upon the said Barnes great bodily harm. His punishment was fixed by a jury at three years in the state pentitentiary.

Defendant has appealed from the ensuing judgment and contends first that there was insufficient evidence to sustain the jury’s verdict. The evidence from the state’s standpoint tended to show that William Barnes…