Ballard v. State

WASSERSTROM, Chief Judge.

Appellant (hereinafter referred to as “defendant”) was convicted of burglary first degree and assault with malice aforethought, the latter being under Section 559.180 RSMo 1969.1 On direct appeal, this court reversed the burglary conviction but affirmed the conviction for assault. State *591v. Ballard, 554 S.W.2d 459 (Mo.App.1977). Thereafter, defendant filed a motion to set aside the sentence under Rule 27.26. The trial court denied the motion, and defendant appeals. We affirm.

For his first point on appeal, defendant challenges the sufficiency of the jury verdict to…