STATE v. MABRY

No. WD 30587.

602 S.W.2d 1 (1980)

STATE of Missouri, Respondent, v. Ezzard Charles MABRY, Appellant.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer Denied July 8, 1980.


Attorney(s) appearing for the Case

Harold L. Holliday, Jr., Kansas City, for appellant.

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

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


Motion for Rehearing and/or Transfer to Supreme Court Denied July 8, 1980.

CLARK, Presiding Judge.

This appeal followed a jury verdict convicting Mabry of assault with intent to kill with malice aforethought, an offense defined at the time of commission by § 559.180, RSMo 1969. Punishment was assessed by the jury at a term of fifteen years.

On this appeal, Mabry contends that the trial court erred in failing to declare a mistrial (1) when the...

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