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STATE v. GRADY

No. KCD 29937.

577 S.W.2d 930 (1979)

STATE of Missouri, Respondent, v. Gus GRADY, Jr., Appellant.

Missouri Court of Appeals, Western District.

February 26, 1979.

Attorney(s) appearing for the Case

Joe L. Moseley, Asst. Public Defender, Columbia, for appellant.

Paul R. Otto, Asst. Atty. Gen., Jefferson City, for respondent.

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

PER CURIAM:

Defendant appeals his judgment and sentence on conviction for the offense of rape and kidnapping. Affirmed.

The sole issue presented on this appeal is a challenge to MAI-CR Approved Notes on Use which provide as follows:

(As to MAI-CR 2.04) "A general converse must not be included in the verdict directing instructions (1) where an affirmative defense has been submitted * * *"

(As to MAI-CR 2.30) "If there is such evidence [of...

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