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STATE v. HUGHES

No. 38454.

562 S.W.2d 140 (1978)

STATE of Missouri, Respondent, v. Oscar Lee HUGHES, Appellant.

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

Motion for Rehearing and/or Transfer Denied February 14, 1978.

Attorney(s) appearing for the Case

John D. Ashcroft, Atty. Gen., Paul Robert Otto, John Morris, Asst. Attys. Gen., Jefferson City, George A. Peach, Circuit Atty., James F. Booth, Asst. Circuit Atty., St. Louis, for respondent.

John J. Allan, St. Louis, for appellant.

CLEMENS, Presiding Judge.

By indictment the state charged defendant Oscar Hughes with felonious assault. The victim was Rodney Crenshaw, the two-year-old son of defendant's paramour, Rose Crenshaw. After verdict the trial court sentenced defendant to seven years' imprisonment and he has appealed, raising two issues.

Defendant first contends he was improperly tried for felonious assault instead of child mistreatment, a graded felony. Further,

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