State v. Swindell

Defendant was convicted of felonious assault without malice aforethought committed upon one W.E. Strobel by stabbing him with a knife in violation of Sec. 4409 R.S. 1939. The punishment was assessed by a jury at a fine of $200.

The assault was committed in Stoddard county. After a trial of the cause in that county, at which trial the jury was unable to agree upon a verdict, the cause went on change of venue to Butler county, where the cause was retried and this appeal taken.

Error is assigned on the court's refusal to direct a verdict in favor of appellant, on the giving and refusal of…