State v. Surgeon

THEODORE McMILLIAN, Special Judge.

This is an appeal from a judgment of conviction entered upon a jury verdict by the circuit court of Pike County, Missouri. The amended information charged the defendant with assault with intent to do great bodily harm with malice aforethought, in violation of § 559.180, RSMo 1959, V.A.M.S. The information additionally claimed that defendant was a second offender, under § 556.280, RSMo 1959, V.A.M.S. The jury, under the court’s instructions, found him guilty of assault with intent to do great bodily harm without malice, § 559.190, RSMo 1959, V.A.M.S.…