State v. Palmer

Appellant was convicted by a jury in the circuit court of Montgomery County of assault without malice upon one Guy Robertson by shooting and wounding him with a shotgun, in violation of Sec. 4409, R. S. 1939, Sec. 4015, Mo. Stat. Ann., p. 2821. The punishment assessed was a fine of $100. The information charged malicious assault, under Sec. 4408, R. S. 1939, Sec. 4014, Mo. Stat. Ann., p. 2817, for which the minimum punishment is a penitentiary sentence. But since the jury convicted appellant of the lesser offense the verdict is good. [State v. Dildine, 330 Mo. 756, 760(8), 51 S. W. (2d) 1,…