STATE v. McMILIAN

No. WD 33306.

649 S.W.2d 467 (1983)

STATE of Missouri, Respondent, v. Donald McMILIAN, Appellant.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer Overruled and Denied March 29, 1983.


Attorney(s) appearing for the Case

John J. Phillips of Phillips & Ewan, Independence, for appellant.

John Ashcroft, Atty. Gen., Jefferson City, Philip M. Koppe, Asst. Atty. Gen., Kansas City, for respondent.

Before PRITCHARD, P.J., and MANFORD and NUGENT, JJ.


Motion for Rehearing and/or Transfer to Supreme Court Overruled and Denied March 29, 1983.

MANFORD, Judge.

This appeal is from a jury conviction for exhibiting a deadly weapon in violation of § 571.115, RSMo 1978.1 Sentence was 120 days in the county jail. The judgment is affirmed.

Appellant presents a bifurcated attack upon the statute, charging that it is unconstitutional because it is vague and overbroad.

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