State v. Dailey

MANFORD, Judge.

Appellant was convicted by jury for assault, second degree, § 565.060, RSMo 1986 and armed criminal action, § 571.015.1, RSMo 1986. Appellant also sought post-conviction relief pursuant to Rule 29.15{l). These matters have been consolidated on appeal.

Appellant formally presents five points which, in summary, charge the trial court erred (1) in entering judgment for assault, second degree, because the evidence was insufficient to support the conviction; (2) in failing to submit a separate instruction for armed criminal action predicated upon the offense of assault, second…