State v. Foster

SOMERVILLE, Judge.

On June 17, 1971, Rico L. Foster, an inmate in the Missouri State Penitentiary at Jefferson City, Missouri, was charged under the Second Offender Act with having assaulted Sergeant Henry Kemple, a prison guard, in violation of § 216.460, RSMo 1969, V.A.M.S., a felony. He was found guilty by a jury and the court, having made the necessary findings relative to a prior conviction, sentenced defendant to imprisonment for three years. He appeals. 1

Defendant tenders ten alleged instances of trial error, which are as follows :

“I. The information herein is invalid because it is…