State v. Garner

The.appellant was convicted by a jury’s verdict in the St. Louis city circuit court of “assault to do great bodily harm as charged in the information.” The State says the information was drawn under Sec. 4409, R. S. 1939, Mo. R. S. A. The appellant contends the ease was “prosecuted” under Sec. 4408. The jury assessed his punishment at a fine of $100 and imprisonment in the City Jail for three months. But nevertheless the crime was a felony under either Sec. 4409 or 4408, because it was punishable by imprisonment in the penitentiary, Sec. 4864, R. S. 1939, Mo. R. S. A., and we therefore have…