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STATE v. PITCHFORD

No. 37942.

556 S.W.2d 57 (1977)

STATE of Missouri, Plaintiff-Respondent, v. Jerry PITCHFORD, Defendant-Appellant.

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

August 23, 1977.

Attorney(s) appearing for the Case

Robert C. Babione, Public Defender, Joseph W. Warzycki, Asst. Public Defender, St. Louis, for defendant-appellant.

John D. Ashcroft, Atty. Gen., Paul Roberts, Asst. Atty. Gen., Jefferson City, George A. Peach, Circuit Atty., Nels C. Moss, Asst. Circuit Atty., St. Louis, for plaintiff-respondent.

DOWD, Judge.

Defendant Jerry Pitchford was found guilty by a jury of assault with intent to ravish with malice, § 559.180. He was tried under the Second Offender Act, § 556.280, and sentenced by the court to ten years imprisonment in the Department of Corrections. He raises two points on appeal: 1) that the trial court erred in instructing upon the lesser included offense of common assault without including the range of punishment in violation of MAI-CR...

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