State v. Bryant

BARRETT, Commissioner.

Robert Bryant has been found guilty of an assault with malice, in so far as material here an offense defined in this language “(e)very person who shall, on purpose of malice aforethought, shoot at * * * another with a deadly weapon * * * with intent to kill * * * shall be punished by imprisonment in the penitentiary not less than two years.” V.A.M.S. § 559.180.

These were the facts and circumstances as the jury could and did find them from the state’s evidence. Robert and Ruby Bell lived in concubina ge in, a basement apartment at 3625 Cozzens Street. On May 20, 1961,…