State v. Russell

DOWD, Presiding Judge.

Michael Patrick Russell, defendant below was convicted by a jury of assault with intent to kill with malice aforethought and sentenced to five years imprisonment. This appeal follows.

In early November, 1977, the defendant came into Mr. Preston’s bookstore located at Meramec near Grand Avenue in St. Louis, Missouri. An argument between the two men ensued. Mr. Preston, brandishing a cap pistol requested that defendant leave the store. As he was leaving defendant shattered the already cracked front plate glass window of Mr. Preston’s store.

Approximately one week later, on…