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STATE v. OWENS

No. 62713.

628 S.W.2d 349 (1982)

STATE of Missouri, Respondent, v. Donald W. OWENS, Appellant.

Supreme Court of Missouri, Division No. 1.

Rehearing Denied March 9, 1982.

Attorney(s) appearing for the Case

James W. Fletcher, Public Defender, Gary L. Gardner, Asst. Public Defender, Kansas City, for appellant.

John Ashcroft, Atty. Gen., Jefferson City, Carl S. Yendes, Asst. Atty. Gen., Kansas City, for respondent.

CHARLES H. SLOAN, Special Judge.

Donald W. Owens, charged with two counts of assault in the first degree by means of a deadly weapon, Section 565.050, RSMo 1978, was found guilty by a jury on both counts and sentenced to concurrent terms of life imprisonment and ten years imprisonment, pursuant to Section 558.011.1(1), RSMo 1978. Defendant seeks reversal on the sole ground that the trial court erred in refusing to declare a mistrial after the prosecuting attorney...

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