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JOHNSON v. McNEAL

No. 41817.

654 S.W.2d 91 (1980)

Leon and Shirley JOHNSON, Plaintiffs-Respondents, v. Theodore McNEAL et al., Defendants, and Michael Broughton, Defendant-Appellant.

Missouri Court of Appeals, Eastern District, Division Three.

Motion for Rehearing and/or Transfer Denied February 13, 1981.

Attorney(s) appearing for the Case

Jack L. Koehr, City Counselor, John J. Fitzgibbon and Stephen Kovac, Associate City Counselors, St. Louis, for defendant-appellant.

Terry B. Crouppen, Roy A. Walther, III, Myron S. Zwibelman, Brown, Crouppen, Walther, Zwibelman & Walsh, P.C., St. Louis, for plaintiffs-respondents.

Motion for Rehearing and/or Transfer to Supreme Court Denied February 13, 1981.

SNYDER, Judge.

Defendant-appellant Broughton, a St. Louis police officer, appeals from a judgment awarding plaintiffs-respondents actual and punitive damages for both assault and malicious prosecution. Specifically, appellant charges the trial court erred when it denied his motion for a mistrial after respondents' counsel asked appellant about a "police contingency fund" which...

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