State v. Norris

HYDE, Judge.

Defendant, charged under the habitual criminal statute (Sec. 556.280), was convicted of assault with intent to rob with malice aforethought (Sec. 559.180) and sentenced to 25 years’ imprisonment. (Statutory references are to RSMo and V.A.M.S.) Defendant has appealed and makes the following two claims of error: (1) the court erred in failing to give instructions on lesser grades of the offense; and (2) the court erred in giving Instruction No. 1 authorizing the verdict found.

Considering first the latter, the State’s evidence was that defendant and his companion Elmer Hammond hailed…