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eBook details

• Title: State Missouri v. Clinton Gladies
• Author : Supreme Court of Missouri
• Release Date : January 13, 1970
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 58 KB

Description

Appeal from a judgment of conviction based upon a plea of guilty and from an order overruling appellant's motion to withdraw
the plea of guilty filed under Criminal Rule 27.25. Clinton Gladies was originally charged with assault with intent to rape, under § 559.190, RSMo 1959, V.A.M.S.,
the pertinent portions of which follow: "Every person who shall be convicted of an assault with intent to * * * commit any
* * * rape, * * * or other felony, the punishment for which assault is not hereinbefore prescribed, shall be punished by imprisonment
in the penitentiary not exceeding five years, or in the county jail not less than six months, or by a fine not less than one
hundred dollars and imprisonment in the county jail not less than three months, or by a fine of not less than one hundred
dollars." He originally pleaded not guilty, but later decided to plead guilty to this charge. On the day he appeared in court
to change his plea from not guilty to guilty the State undertook to amend the information by interlineation by adding the
words "with malice aforethought" after the words "did then and there unlawfully and feloniously." The purpose was to change
the charge from assault under § 559.190 to assault with malice under § 559.180, RSMo 1959, V.A.M.S. The
latter section, which proscribes a more serious crime and prescribes a much graver range of punishment, provides in pertinent
parts as follows: "Every person who shall, on purpose and of malice aforethought, * * * assault or beat another with a deadly
weapon, or by any other means or force likely to produce death or great bodily harm, with intent to * * * ravish * * * such
person, or in the attempt to commit any burglary or other felony, * * * shall be punished by imprisonment in the penitentiary
not less than two years."

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