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  5. 588 S.W.2d 158 (1979)
 

STATE v. FEAST

No. 40169.

588 S.W.2d 158 (1979)

STATE of Missouri, Respondent, v. Frank FEAST, Appellant.

Missouri Court of Appeals, Eastern District, Division Three.

Motion for Rehearing and/or Transfer Denied October 15, 1979.

Application to Transfer Denied November 14, 1979.

Attorney(s) appearing for the Case

Shaw, Howlett & Schwartz, James J. Knappenberger, Clayton, for appellant.

John D. Ashcroft, Atty. Gen., Paul Robert Otto, Michael Elbein, Asst. Attys. Gen., Jefferson City, Ronald L. Boggs, Pros. Atty., Charles E. Bridges, Asst. Pros. Atty., St. Charles, for respondent.

Motion for Rehearing and/or Transfer to Supreme Court Denied October 15, 1979.

CRIST, Judge.

A jury convicted defendant of assault with intent to kill with malice and set punishment at five years imprisonment. We affirm.

Defendant's appeal maintains the court erred in giving the following instruction:

"As to Count II, if you find and believe from the evidence beyond a reasonable doubt: First, that on or about December 1, 1976, in...

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