State v. Mixen

HOUSER, Commissioner.

Gale Mixen, Carroll Lloyd and Harold Hanger were jointly charged, each under the Habitual Criminal Act, § 556.280, RSMo 1959, V.A.M.S., with assault with intent to do great bodily harm, with malice. They waived a jury, were tried by the court and found guilty. Punishment of each defendant was assessed at seven years in the custody of the department of corrections. All three appealed.

The alleged victim of the assault, Glen Lodi, a St. Louis police officer, testified that at 1:30 a.m. while he and officer Hack-mann were arresting the trio for a traffic violation Mixen…