Berry v. State

DOWD, Judge.

Movant (hereinafter defendant) appeals from the denial of his Rule 27.26 motion, which sought to vacate his 1980 conviction for assault with intent to maim with malice aforethought. Section 559.190 RSMo 1969 (repealed). The trial court made extensive findings of fact and conclusions of law and denied relief on the defendant's motion. We find no error and affirm the judgment of the trial court.

Defendant was convicted of seriously injuring a tavern patron who intervened during an argument between the defendant and a woman. We affirmed the conviction in State v. Duncan, 616 S.W.2d 87…