State v. Triplett

WEIER, Judge.

Defendant Leahmon Triplett was convicted of assault with intent to kill with malice aforethought and sentenced to thirty-five years imprisonment under § 556.-280, RSMo 1969, V.A.M.S. (Second Offender Act). From this judgment and sentence defendant has appealed. We affirm.

Evidence supporting the verdict discloses that on January 9, 1971 at approximately 10:30 p. m. defendant and a companion, after an altercation with Arthur Mangrum, a tavern owner, left the tavern only to return minutes later in an automobile. One of the two removed a shotgun from the car trunk and defendant shot…