State v. Hammond

RENDLEN, Judge.

This cause was transferred by the Kansas City District, Missouri Court of Appeals after opinion, that we might examine the validity of Missouri Approved Instruction— Criminal 6.26 (MAI-CR 6.26). Portions of the Court of Appeals’ opinion are utilized without quotation marks.

Defendant Michael Hammond was charged with assault with intent to do great bodily harm under § 559.190, RSMo 1969, but was convicted of the lesser included offense of common assault, § 559.220, RSMo 1969, with punishment fixed by the jury at thirty days in the county jail. On appeal defendant attacks (1)…