State v. Smith

WELBORN, Commissioner.

The appellant, Russell Smith, was charged by information in the Monroe County Circuit Court with felonious assault in violation of Section 599.180, RSMo 1959, V.A.M.S., by throwing acid on Ted Donovan on October 6, 1960. A jury found the appellant guilty and fixed his punishment at two years’ imprisonment. After his motion for new trial was overruled, appellant took this appeal from the judgment and sentence entered on the verdict.

The state’s evidence showed that the appellant and Donovan, both residents of Monroe City, had known each other for twenty years and, prior to…