State v. Barton

CRIST, Judge.

Defendant was charged by information with assault with the intent to kill with malice aforethought, but was convicted by the jury of a lesser included offense of assault with intent to do great bodily harm without malice. Under the Second Offender Act, his punishment was assessed at five years imprisonment. We affirm.

We are obliged to review the evidence, together with all reasonable inferences to be drawn therefrom, in a light most favorable to the state. State v. Winters, 579 S.W.2d 715, 717 (Mo.App.1979). Evidence or inferences to the contrary must be disregarded. State v.…