State v. Miller

• Decision Date: 06 December 1919
• Docket Number: No. 2522.,2522.
• Citation: State v. Miller, 216 S.W. 571 (Mo. App. 1919)
• Parties: STATE v. MILLER.
• Court: Missouri Court of Appeals

216 S.W. 571

STATE v. MILLER.

No. 2522.

Springfield Court of Appeals. Missouri.

December 6, 1919.

Appeal from Circuit Court, New Madrid County; Sterling H. McCarty, Judge.

Robert J. Miller was convicted of common assault, and he appeals. Affirmed.

O. A. Cook, of Portageville, and Geo. H Traylor, of New Madrid, for appellant.

S. J. Smalley, of New Madrid, for the State.

FARRINGTON, J.

This is an appeal by defendant from a judgment of conviction for common assault. The only matter that is brought before us is the record proper; appellant having failed to bring a complete transcript of the evidence and instructions had in the lower court. The information is in due form, charging the offense as defined in section 4481, R. S. 1909; that is, assault with intent to kill. The cause was tried before a jury. The names of the state's witnesses are properly indorsed on the back of the information which was filed by the Prosecuting Attorney of New Madrid county. Defendant waived arraignment and entered a plea of not guilty.

The record shows that the jury returned a verdict finding defendant guilty of common assault, assessing his punishment at $100. Judgment of sentence was imposed on the defendant, and an order that he be committed to the county jail until the fine and costs were satisfied. While a copy of a motion for new trial is in the record before us, none of the evidence or instructions are here for us to examine. It...