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STATE v. FRY

No. 56137.

470 S.W.2d 457 (1971)

STATE of Missouri, Respondent, v. William J. FRY, Appellant.

Supreme Court of Missouri, Division No. 1.

Motion for Rehearing or to Transfer Denied September 13, 1971.

Attorney(s) appearing for the Case

John C. Danforth, Atty. Gen., G. Michael O'Neal, Asst. Atty. Gen., Jefferson City, for respondent.

Philip H. Schwarz, Legal Aid and Defender Society of Greater Kansas City, Kansas City, for appellant; John J. Cosgrove, Public Defender, of counsel.

Motion for Rehearing or to Transfer to Court En Banc Denied September 13, 1971.

HOUSER, Commissioner.

William J. Fry, convicted by a jury of assault with intent to rob with malice aforethought, and sentenced to 20 years' imprisonment, has appealed. The sole point is whether the court erred in the definition of "malice" contained in main verdict-directing Instruction No. 5.

The fifth paragraph of the instruction follows:

"`Malice,' in its legal...

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