State v. Shirley

PUDLOWSKI, Presiding Judge.

This is an appeal from a jury tried case wherein Thomas Clayton Shirley, appellant, was convicted of assault in the first degree by means of a deadly weapon. Appellant assigns three points as errors: (1) trial court error in sentencing appellant as a prior offender under § 558.016 RSMo Supp. 1981; (2) trial court error in admitting into evidence testimony concerning the death of appellant’s companion, and (3) trial court error in submitting a jury instruction which omitted an essential element of the offense charged. We affirm.

On September 21, 1981, Trooper Randy…