State v. Webb

SIMEONE, Presiding Judge.

This is an appeal by defendant-appellant, “Tommy” Webb from a judgment of conviction whereby he was sentenced to five years in the department of corrections for carrying a concealed weapon and to twenty-five years for assault with intent to kill with malice to run consecutively. Sections 564.610, 559.180, RSMo 1969, V.A.M.S. He appeals the conviction for assault with intent to kill with malice. On this appeal, defendant does not question the sufficiency of the evidence, but claims (1) that the trial court erred in failing to instruct the jury on assault with intent to…