State v. Aubrey

GUNN, Judge.

Charged with felony-murder under §§ 565.003 and 565.008, RSMo Supp. 1977, and two charges of assault with intent to kill with malice aforethought, defendant was convicted of second degree murder — § 559.020, RSMo 1969 — and the two assault charges. His appeal is based on the state’s failure to charge him with second degree murder and the alleged failure of evidence to support the convictions for assault with intent to kill with malice aforethought. We affirm the convictions for assault with intent to kill with malice aforethought and reverse and remand as to the second degree…