State v. Brager

HIGGINS, Commissioner.

Roger L. Brager, charged jointly with Milt T. Kelton, with assault with intent to kill with malice aforethought, was, upon separate trial, convicted by a jury. The jury was unable to agree on defendant’s punishment; the court assessed his punishment at 25 years’ imprisonment and rendered sentence and judgment accordingly. § 559.180, RSMo 1969, V.A.M.S.; Rule 27.03, V.A.M.R. (Appeal taken prior to January 1, 1972.)

By Point II appellant charges the evidence was insufficient to support his conviction. His argument is that the testimony consisted of fingerprints of another…