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STATE v. HOLT

No. 10399.

559 S.W.2d 44 (1977)

STATE of Missouri, Plaintiff-Respondent, v. Donald Dale HOLT, Defendant-Appellant.

Missouri Court of Appeals, Springfield District.

Motion for Rehearing or Transfer Denied September 21, 1977.

Application to Transfer Denied October 11, 1977.

Attorney(s) appearing for the Case

Loren R. Honecker, Springfield, for defendant-appellant.

John D. Ashcroft, Atty. Gen., Robert L. Presson, Asst. Atty. Gen., Jefferson City, for plaintiff-respondent.

Before HOGAN, P. J., and KENNEDY, CROW and BACON, Special Judges.

DON W. KENNEDY, Special Judge.

In a jury-tried case in the Circuit Court of Greene County, defendant Donald Dale Holt was convicted on April 19, 1976, of striking Springfield police officer Harvey Rector while the officer was engaged in the performance of his legal duties, in violation of § 557.215, RSMo 1969. Under the Habitual Criminal Act the court fixed his punishment at two years in the Department of Corrections. His motion for a new trial was overruled...

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