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STATE v. RICHMOND

No. WD 31408.

611 S.W.2d 351 (1980)

STATE of Missouri, Respondent, v. Kenneth Lemar RICHMOND, Appellant.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer Denied February 2, 1981.

Application to Transfer Denied March 9, 1981.

Attorney(s) appearing for the Case

Patrick J. Eng, Columbia, for appellant.

John Ashcroft, Atty. Gen., Jefferson City, Darrell Panethiere, Asst. Atty. Gen., Kansas City, for respondent.

Before PRITCHARD, P. J., and SWOFFORD and TURNAGE, JJ.

PER CURIAM:

This is an appeal from a conviction of assault without malice aforethought, § 559.190, RSMo 1969, as a result of which defendant was sentenced to five years' imprisonment. He alleges error on the part of the trial court in overruling motions to dismiss for tardiness in trial, § 545.780, RSMo 1978.

Defendant was tried twice. After the first trial, which also resulted in conviction, he was granted a new trial. He claims here that the court...

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