White v. State

REINHARD, Judge.

Movant’s Rule 27.26 motion was denied without an evidentiary hearing by the circuit court, and he appeals. We affirm.

Movant was convicted _ of assault with intent to maim with malice aforethought under § 559.180, RSMo 1969. He claims that he was convicted of the lesser offense of felonious assault without malice under § 559.190, RSMo 1969.1 Under § 559.190, the maximum sentence is five years. Therefore, he concludes, his sentence of 60 years is greater than the legal limit.

The substitute information, under which movant was tried, charged him with assault *784with intent to maim…