State v. Gadberry

KELLY, Chief Judge.

Mitchell Gadberry, hereinafter “appellant”, appeals his conviction of Assault First Degree, § 565.050 RSMo. 1978,1 in the Circuit Court of the City of St. Louis and the sentence of 30 years in the custody of the Missouri Department of Corrections, § 558.011.1(1).

On appeal no attack is made on the sufficiency of the evidence to support the jury verdict; therefore, it is sufficient for purposes of disposition of this appeal to set out *313a brief statement of the evidence supporting the verdict of the jury.

The state’s evidence supports a jury finding that appellant, sometime…