State v. Mallett

WASSERSTROM, Judge.

Defendant was convicted by jury of striking a police officer while engaged in the *585performance of duties imposed upon him by law, a violation of § 557.215. (All statutory references are to RSMo 1969.) On this appeal, he assigns as error: (1) that the trial court erred in overruling defendant’s motion for judgment of acquittal at the close of State’s case because there was no evidence to show that Trooper Jerry W. Griffin was engaged in the performance of duties imposed upon him by law at the time of the alleged assault upon him by the defendant; and (2) that the trial court…