STATE v. BIENKOWSKI

No. 43410.

624 S.W.2d 107 (1981)

STATE of Missouri, Respondent, v. Robert BIENKOWSKI, Appellant.

Missouri Court of Appeals, Eastern District, Division Three.

Motion for Rehearing and/or Transfer Denied October 16, 1981.

Application to Transfer Denied December 14, 1981.


Attorney(s) appearing for the Case

Mary K. Wefelmeyer, Joseph W. Downey, Asst. Public Defenders, St. Louis, for appellant.

John Ashcroft, Atty. Gen., Paul Robert Otto, Kristie Green, Asst. Attys. Gen., Jefferson City, George A. Peach, Circuit Atty., St. Louis, for respondent.


Motion for Rehearing and/or Transfer to Supreme Court Denied October 16, 1981.

CRIST, Presiding Judge.

Appeal from a jury conviction of first degree assault. The jury was instructed on first and second degree assault and self-defense. Instructions on the defense of intoxication (MAI-CR.2d 3.30.1) and mitigation of assault because of extreme emotional disturbance (MAI-CR.2d 19.02 and 19.03) were refused. Defendant alleges error in the refusal of those instructions...

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