Johnson v. State

HOLMAN, Presiding Judge.

This is an appeal from the order and judgment overruling movant’s motion filed under S.Ct. Rule 27.26, V.A.M.R., to set aside his conviction for felonious assault, with malice aforethought, under § 559.180. 1 (Movant is' hereinafter referred to as defendant.) The appeal having been taken to this court prior to January 1, 1972, the effective date of new Article V of the Constitution, we have jurisdiction pursuant to then Art. V, § 3 of the Missouri Constitution, V.A.M.S.

There was evidence in the original trial indicating that defendant, without provocation, inflicted…