State v. Ayers

BOHLING, Commissioner.

Charles W. Ayers, Jr., appellant, and Kenneth Hood were jointly indicted for an assault with malice aforethought upon Robert Holcomb. Section 559.180. (Statutory references are to RSMo 1949 and V.A. M.S.) A severance was granted Kenneth Hood. Appellant was found guilty of the offense charged and sentenced to eighteen years’ imprisonment in accord with the verdict of the jury. He contends on this appeal that the court erred in overruling his motion for judgment of acquittal, in refusing his instruction on common assault, and in overruling an objection to the argument of…