State v. Buskuehl

GUNN, Judge.

Defendant was convicted of assault in the first degree, a § 565.050, RSMo 1978 violation, and sentenced to ten years imprisonment. His appeal presents two points of alleged error: (1) allowing the state to call a witness who would assert the fifth amendment as a basis for refusing to answer questions, thereby raising an inference of guilt against defendant; (2) failing to instruct on the lesser or included offenses of second and third degree assault. We affirm.

The victim, Mike Willy, and defendant were involved in two verbal and fisticuff altercations in Arnold, Missouri bars on…