STATE v. TEAL

No. 42996.

624 S.W.2d 122 (1981)

STATE of Missouri, Plaintiff-Respondent, v. Larry TEAL, Defendant-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

Michael Musich, St. Louis, for defendant-appellant.

John Ashcroft, Atty. Gen., Rosalynn Van Heest, Asst. Atty. Gen., Jefferson City, for plaintiff-respondent.


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

SNYDER, Judge.

A jury found appellant guilty of assault in the second degree under § 565.060, RSMo 1978. Appellant was sentenced to five years' imprisonment in accordance with the verdict. He appeals from this judgment.

Appellant submits that the trial court erred in: (1) instructing the jury on first or second degree assault because there was not sufficient evidence...

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