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STATE v. SOLE

No. 28656.

579 S.W.2d 785 (1979)

STATE of Missouri, Respondent, v. Jimmie D. SOLE, Appellant.

Missouri Court of Appeals, Western District.

April 2, 1979.

Attorney(s) appearing for the Case

Clifford A. Cohen, Public Defender, Kansas City, for appellant.

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

Before SOMERVILLE, P. J., and PRITCHARD and MANFORD, JJ.

MANFORD, Judge.

Direct appeal from jury conviction for assault with intent to do great bodily harm without malice. Sentence of three years imposed. Motion for new trial timely filed and overruled.

Appellant raises one point on appeal, which reads as follows:

"POINTS AND AUTHORITIES I

THE TRIAL COURT ERRED IN FAILING TO INSTRUCT THE JURY PURSUANT TO MAI-CR 1.08 PRIOR TO THE EVENING RECESS OF COURT INSOFAR AS SUCH AN INSTRUCTION IS MANDATORY...

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