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STATE v. MEEKS

No. WD 31739.

619 S.W.2d 830 (1981)

STATE of Missouri, Respondent, v. Bernard MEEKS, Appellant.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer Denied August 4, 1981.

Application to Transfer Denied September 8, 1981.

Attorney(s) appearing for the Case

Howard L. McFadden, Richard J. Fredrick, Jefferson City, for appellant.

John Ashcroft, Atty. Gen., Jay D. Haden, Asst. Atty. Gen., Jefferson City, for respondent.

Before KENNEDY, P. J., and SHANGLER and SOMERVILLE, JJ.

Motion for Rehearing and/or Transfer to Supreme Court Denied August 4, 1981.

KENNEDY, Presiding Judge.

Defendant Bernard Meeks after a jury trial was convicted of an escape from the Missouri State Penitentiary on June 2, 1978. As a persistent offender he was sentenced by the court to three years' imprisonment. Defendant has appealed to this court upon several allegations of error. We reverse for the court's failure to instruct upon defendant's proffered defense...

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