State v. Cole

KELLY, Judge.

Appellant was charged by Information in lieu of Indictment in two counts. In Count I with the offense of Assault with Intent to Kill with Malice Aforethought, Sec. 559.180, RSMo 1969, V.A.M.S., and Count II with the offense of Exhibiting a Dangerous and Deadly Weapon in a Rude, Angry and Threatening Manner, Sec. 564.-610, RSMo 1969, V.A.M.S. After a jury trial he was found guilty of Assault with Intent to Do Great Bodily Harm without Malice Aforethought under Count I and guilty as charged under Count II. After his motion for new trial, filed as to the verdict with respect to…