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STATE v. BOYD

No. KCD 28987.

560 S.W.2d 296 (1977)

STATE of Missouri, Respondent, v. Sherman BOYD, III, Appellant.

Missouri Court of Appeals, Kansas City District.

Motion for Rehearing and/or Transfer Denied December 27, 1977.

Application for Transfer Denied February 9, 1978.

Attorney(s) appearing for the Case

Clifford A. Cohen, Public Defender, Charles M. Rogers, Asst. Public Defender, Kansas City, for appellant.

John D. Ashcroft, Atty. Gen., Paul Robert Otto, Asst. Atty. Gen., Jefferson City, for respondent.

Before PRITCHARD, P. J., and SWOFFORD, C. J., and DIXON, J.

SWOFFORD, Chief Judge.

The appellant (defendant) was convicted, upon trial by jury, of assault with intent to kill without malice (§ 559.190 RSMo 1969). The sole point raised by defendant upon this appeal is that the trial court erred in overruling his motion to disqualify the assistant prosecuting attorney of Jackson County who tried the case for the state from participating in the prosecution because of a conflict of interest. Therefore, the evidentiary facts...

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