State v. Feast

CRIST, Judge.

A jury convicted defendant of assault with intent to kill with malice and set punishment at five years imprisonment. We affirm.

Defendant’s appeal maintains the court erred in giving the following instruction:

“As to Count II, if you find and believe from the evidence beyond a reasonable doubt:

First, that on or about December 1, 1976, in the County of St. Charles, State of Missouri, the defendant, Frank Feast, shot at Major Melbourne Gorris, and

Second, that he did so with malice aforethought, that is, intentionally and without just cause or excuse and after thinking about it…