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STATE v. HOLLEY

No. KCD26271.

488 S.W.2d 925 (1972)

STATE of Missouri, Respondent, v. Leon Bishop HOLLEY, Jr., Appellant.

Missouri Court of Appeals, Kansas City District.

December 18, 1972.

Attorney(s) appearing for the Case

John W. Inglish, Jefferson City, for appellant.

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

Before SHANGLER, C. J., PRITCHARD and WASSERSTROM, JJ., and J. DONALD MURPHY, Special Judge.

WASSERSTROM, Judge.

Defendant appeals from a conviction and sentence of five years for offering violence to a prison guard, Harold A. Carver. This sentence was imposed by a jury on retrial, after an earlier judgment of conviction and a sentence of four years was set aside on defendant's motion. He argues on this appeal two points of alleged error: (1) the admission of evidence as to an assault by defendant on another guard...

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