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STATE v. CHOATE

No. 37953.

553 S.W.2d 493 (1977)

STATE of Missouri, Respondent, v. Danny CHOATE, Appellant.

Missouri Court of Appeals, St. Louis District, Division Four.

June 21, 1977.

Attorney(s) appearing for the Case

Richard E. Snider, Cape Girardeau, for appellant.

John D. Ashcroft, Atty. Gen., Preston Dean, Paul Robert Otto, Asst. Attys. Gen., Jefferson City, Bradshaw Smith, William L. Syler, Asst. Pros. Atty., Cape Girardeau, for respondent.

NORWIN D. HOUSER, Special Judge.

This is an appeal from a judgment finding Danny Choate guilty of burglary, second degree, § 560.070,1 and assault with intent to do great bodily harm without malice, § 559.190, and sentencing him to two consecutive 5-year terms, following trial by jury.

Appellant's first point is that Instructions Nos. 82 and 93 are repetitious...

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