Supreme Court of Missouri March 11, 1968, No. 53066 (State v. Goodman)

FINCH, Presiding Judge.

Defendant was charged under the Habitual Criminal Act with felonious assault on *70Lt. Whitworth, a prison guard, in violation of § 216.460 (all references are to RSMo 1959 and V.A.M.S.). He was found guilty by a jury and the court, having made the necessary findings relative to a prior conviction, sentenced defendant to imprisonment for three years, from which he appeals.