State v. Burns

HOLMAN, Commissioner.

Defendant was charged with the felony of assault, with malice aforethought, under the provisions of Section 559.180 (all statutory references are to RSMo 1949, V.A. M.S.). He was also charged with eight prior felony convictions. See Section 556.-280. A jury found defendant guilty of the offense charged and fixed his punishment at imprisonment in the penitentiary for a term of 75 years, but, as indicated by the stated punishment, he was found “not guilty” of the prior convictions. Defendant has duly appealed from the ensuing judgment.

Upon this appeal defendant does not…