State v. Miller

HOUSER, Commissioner.

Jesse Earl Miller was charged by information as an habitual offender with assault with intent to maim with malice aforethought. § 559.180.1 Found guilty by a jury of assault with intent to maim, but without malice aforethought, he was sentenced by the trial judge to confinement in the custody of the department of corrections for a period of four years.

On this appeal his first two points relate to alleged errors in the procedure under the Second Offender Act, § 556.280. First, it is charged that the information was defective in that it failed to allege a commitment or its…