State v. Wadlow

HOLMAN, Judge.

Defendant was charged with the offense of assault with intent to kill with malice aforethought under the provisions of § 559.180. 1 He was convicted of the lesser offense of felonious assault, without malice, and his punishment fixed by the jury at two years’ imprisonment. See § 559.190. Defendant has duly appealed. We reverse and remand.

The point we consider dispositive of this appeal relates to the argument of counsel and therefore a brief statement of facts will suffice.

Defendant and his former wife were divorced. A daughter, Mary, 16 years old, lived with her mother.…