Lee v. State

CLEMENS, Senior Judge.

Movant Donnell Lee (hereafter defendant) appeals the denial of his Rule 27.26 motion. He seeks to set aside his conviction and 30 year sentence for assault with malice aforethought. We affirmed that conviction in State v. Lee, 549 S.W.2d 934 (Mo.App.1977).

Defendant first challenges the trial court’s jurisdiction because, he contends, the verdict found hiip guilty of the lesser offense of assault without malice aforethought. He also challenges the trial court’s jurisdiction to try him for the greater offense because at his preliminary hearing the magistrate had,…