State v. Howard

REINHARD, Judge.

Defendant was convicted by a jury under § 559.180, RSMo 1978, of an assault with malice aforethought. The trial court sentenced him under the Second Offender Act, § 556.280, RSMo 1978, to ten years imprisonment. Defendant appeals. We affirm.

The state, through its principal witness, Officer Morie of the St. Charles Police Department, showed the following: On a July night, 1978, Officer Morie was working off-duty at a tavern in St. Charles checking patrons’ liquor identifications. Sometime after midnight, Officer Morie saw defendant engaged in an apparently heated discussion…