State v. Swiney

STORCKMAN, Judge.

Defendant was convicted in the Circuit Court of the City of St. Louis of an assault with intent to rob without malice aforethought. His motion for a new trial was overruled and defendant was sentenced to .a term of two years in the'penitentiary in accordance with the verdict.

Defendant appealed but the state alone filed a brief in this court. Where, as here, no brief'is filed on behalf of the appellant, this court will review the assignments of error properly preserved in the motion for new trial and shown in the record. State v. Harmon, Mo., 264 S.W.2d 309; State v.…