State v. Tolias

STORCKMAN, Judge.

The defendant, Gus John Tolias, was convicted in the Circuit Court of St. Louis of an assault with intent to kill without malice aforethought, § 559.190 RSMo 1949, V.A.M.S., and his punishment was assessed by the jury at imprisonment in the city jail for a period of nine months. His motion for a new trial was overruled and he was sentenced in accordance with the verdict. The defendant appealed but filed no brief. The case was submitted on the brief of the state alone.

In addition to the evidence of the state, there is testimony of the defendant who testified in his own behalf.…