State v. Boyd

SWOFFORD, Chief Judge.

The appellant (defendant) was convicted, upon trial by jury, of assault with intent to kill without malice (§ 559.190 RSMo 1969). The sole point raised by defendant upon this appeal is that the trial court erred in overruling his motion to disqualify the assistant prosecuting attorney of Jackson County who tried the case for the state from participating in the prosecution because of a conflict of interest. Therefore, the evidentiary facts and other facets of the case need not be considered.

The offense for which the defendant was tried and convicted occurred on November…