Swinney v. State

SNYDER, Judge.

In this appeal from a judgment denying a Rule 27.26 motion movant contends that the *687wording of the jury’s verdict is ambiguous, that the jury may have meant to find him guilty of assault with intent to kill without malice instead of assault with intent to kill with malice aforethought. This court affirms the judgment denying the motion.

Movant Raymond Swinney was convicted of assault with intent to kill with malice aforethought and sentenced to 15 years’ imprisonment. On appeal the judgment was affirmed. State v. Swinney, 558 S.W.2d 363 (Mo.App.1977). Movant’s amended 27.26…