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STATE v. CAMPBELL

No. 37937.

551 S.W.2d 940 (1977)

STATE of Missouri, Plaintiff-Respondent, v. Joe Thomas CAMPBELL, Defendant-Appellant.

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

May 17, 1977.

Attorney(s) appearing for the Case

Deeba, DeStefano, Sauter & Herd, Thomas C. Mummert, St. Louis, George D. Johnson, Clayton, for defendant-appellant.

John C. Danforth, Atty. Gen., Paul Robert Otto, W. Mitchell Elliott, and David L. Baylard, Asst. Attys. Gen., Jefferson City, Brendan Ryan, Circuit Atty., Julian D. Cosentino, Asst. Circuit Atty., St. Louis, for plaintiff-respondent.

GUNN, Judge.

Defendant-appellant was convicted on two counts of assault with intent to do great bodily harm without malice, in violation of § 559.190.1 On appeal, defendant raises the issue of double jeopardy and also contends that the trial court erred in failing to instruct on justifiable and excusable assault. We find no merit in defendant's contentions and affirm the judgment.

A trash fire on a vacant lot near defendant...

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