State v. Montgomery

SAMUEL E. SEMPLE, Special Judge.

Defendant was found guilty by a jury of assault with intent to kill on purpose and with malice aforethought. Section 5S9.180 RSMo 1959, V.A.M.S. The trial court heard evidence outside the presence of the jury and found that the defendant had previously been convicted and sentenced for the felony of murder, second degree, as alleged in the indictment. The court fixed the punishment at 35 years’ imprisonment. Sentence and judgment followed. An appeal was filed but no brief was filed on behalf of defendant. This court affirmed the conviction, State v. Montgomery,…