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STATE v. McKAY

No. WD 31188.

608 S.W.2d 492 (1980)

STATE of Missouri, Plaintiff-Respondent, v. David Allen McKAY, Defendant-Appellant.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer Denied December 2, 1980.

Application to Transfer Denied January 13, 1981.

Attorney(s) appearing for the Case

Julian J. Ossman, Asst. Public Defender, 19th Judicial Circuit, Jefferson City, for defendant-appellant.

John Ashcroft, Atty. Gen., Jefferson City, Philip M. Koppe, Asst. Atty. Gen., Kansas City, for plaintiff-respondent.

Before CLARK, P. J., and DIXON and SOMERVILLE, JJ.

Motion for Rehearing and/or Transfer to Supreme Court Denied December 2, 1980.

DIXON, Judge.

Defendant appeals his conviction pursuant to the Second Offender Act, § 556.280 RSMo 1969 (repealed effective January 1, 1979 by the Laws of 1977, Senate Bill # 60, § 1) of offering violence to a guard employed by the State Division of Corrections in violation of § 216.460 RSMo 1978. The trial court sentenced him to three years imprisonment pursuant...

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