State v. Duncan

STOCKARD, Commissioner.

By notice of appeal filed prior to January 1, 1972, George H. Duncan appealed from the judgment entered pursuant to jury verdict whereby he was found guilty of an assault on George Blumberg with intent to kill with malice aforethought. The sentence imposed was imprisonment for a term of thirty-five years.

Appellant does not challenge the sufficiency of the evidence. The jury reasonably could find that on November 27, 1970 Leroy McKinney and appellant, who was armed with a shotgun, entered the place of business of George Blumberg at 2316 Franklin Avenue, St. Louis,…