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STATE v. MINOR

No. 37558.

548 S.W.2d 598 (1977)

STATE of Missouri, Plaintiff-Respondent, v. James L. MINOR, Defendant-Appellant.

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

Rehearing Denied March 15, 1977.

Attorney(s) appearing for the Case

Huck, Kasten & LaBeaume, Herbert A. Kasten, Jr., St. Louis, for defendant-appellant.

John C. Danforth, Atty. Gen., Preston Dean, J. Michael Davis, Asst. Attys. Gen., Jefferson City, Brendan Ryan, Circuit Atty., John White, Asst. Circuit Atty., St. Louis, for plaintiff-respondent.

GUNN, Judge.

Defendant appeals from his conviction of assault with intent to kill with malice. § 559.180 RSMo. 1969. He was found guilty by a jury and was sentenced by the court to twenty-five years in the Missouri Department of Corrections. The allegations of error in the appeal center on the propriety of the submission by the trial court of a "falsus in uno, falsus in omnibus" instruction pertaining to defendant's testimony and on the trial court's failure...

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