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STATE v. SHIRLEY

No. 45531.

657 S.W.2d 686 (1983)

STATE of Missouri, Plaintiff-Respondent, v. Thomas Clayton SHIRLEY, Defendant-Appellant.

Missouri Court of Appeals, Eastern District, Division Four.

Motion for Rehearing/Transfer Denied September 15, 1983.

Attorney(s) appearing for the Case

Lenzie L. Leftridge, Jr., Flat River, for defendant-appellant.

John Ashcroft, Atty. Gen., Kristie Green, Asst. Atty. Gen., Jefferson City, H. Kasten, Jr., Pros. Atty., Ste. Genevieve, for plaintiff-respondent.

Motion for Rehearing/Transfer to Supreme Court Denied September 15, 1983.

PUDLOWSKI, Presiding Judge.

This is an appeal from a jury tried case wherein Thomas Clayton Shirley, appellant, was convicted of assault in the first degree by means of a deadly weapon. Appellant assigns three points as errors: (1) trial court error in sentencing appellant as a prior offender under § 558.016 RSMo Supp. 1981; (2) trial court error in admitting into evidence testimony...

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