State v. Brown

HOUSER, Commissioner.

This is a direct appeal by James Brown from a judgment and sentence of fifteen years’ imprisonment on a charge of assault with intent to kill with malice aforethought. § 559.180, V.A.M.S.

Defendant makes two points. First, he asserts error in allowing State’s principal witness Rose Mae Macon, the victim of the assault, to testify in the narrative style, and in failing to declare a mistrial when she testified that defendant had served a term in the penitentiary and that he made alcohol. He argues that she was opinionated and assertive and gratuitously made statements…