STATE v. LACY

No. KCD 29899.

573 S.W.2d 137 (1978)

STATE of Missouri, Respondent, v. Larry R. LACY, a/k/a Thurman Lacy, Jr., Appellant.

Missouri Court of Appeals, Kansas City District.

October 30, 1978.


Attorney(s) appearing for the Case

Clifford A. Cohen, Public Defender, Lee M. Nation, Asst. Public Defender, Kansas City, for appellant.

John P. Turner, Kansas City, for respondent.

Before SHANGLER, P. J., and SWOFFORD, C. J., and WASSERSTROM, J.


SHANGLER, Presiding Judge.

The defendant was convicted by a jury of common assault and sentenced to confinement in the county jail for six months, imposed consecutively to another sentence then in service. The trial of the misdemeanor was de novo from the judgment of the magistrate who had sentenced the defendant to confinement for ninety days.

The defendant contends that MAI-CR 6.26 [Instruction No. 5] prescribed as the verdict-director for common assault...

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