State v. Lane

CLEMENS, Presiding Judge.

The State charged defendant with felonious assault (§ 559.180, RSMo 1969), contending he shot and tried to rob Charles Clark, a karate expert, who thwarted the robbery by felling and disarming defendant. Defendant, a pimp, maintained he shot Clark in self-defense in an argument over a prostitute’s fee.

The jury found defendant guilty of assault with intent to rob, with malice aforethought. The court fixed defendant’s punishment at twenty years’ imprisonment; he appeals, contending error (1) in refusing his instruction on the lesser included offense of assault without…