State v. Cusumano

HYDE, Judge,

Defendant was convicted of perjury and sentenced to two years’ imprisonment. Secs. 557.010, 557.020 (statutory references are to RSMo and V.A.M.S.) Defendant has appealed and contends the court erred in refusing to sustain his motion for a directed verdict at the close of the entire case.

The indictment charged defendant with falsely swearing: “That he, Vito Cusu-mano, saw Edward Brown, the deceased, display and exhibit a .32 caliber automatic pistol in the presence of Joseph Costello in the Tic Toe Club located at 421 DeBali-viere, St. Louis, Missouri, on February 10, 1962,…