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STATE v. SMITH

No. 30280.

588 S.W.2d 139 (1979)

STATE of Missouri, Respondent, v. Dennis D. SMITH, Appellant.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer Denied October 1, 1979.

Application to Transfer Denied November 14, 1979.

Attorney(s) appearing for the Case

Stanley I. Dale, St. Joseph, for appellant.

John D. Ashcroft, Atty. Gen., Kathryn Marie Krause, Asst. Atty. Gen., Jefferson City, for respondent.

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

Motion for Rehearing and/or Transfer to Supreme Court Denied October 1, 1979.

MANFORD, Judge.

Appeal from jury conviction for assault upon a police officer while in the performance of his duties.

Appellant is a resident of the City of St. Joseph. At the time of this occurrence, he and his wife had been separated some two or three weeks. They had a six year old daughter, Stacy. Appellant had a son nine years of age by a previous marriage who lived with...

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