STATE v. WOOD

No. WD 34614.

662 S.W.2d 876 (1983)

STATE of Missouri, (Respondent), v. Carl WOOD, Jr., (Appellant).

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer to Overruled and Denied December 28, 1983.


Attorney(s) appearing for the Case

J. Armin Rust, Regional Public Defender, Lexington, for appellant.

William K. Haas, Asst. Atty. Gen., Jefferson City, for respondent.

Before SHANGLER, P.J., and CLARK and MANFORD, JJ.


Motion for Rehearing and/or Transfer to Supreme Court Overruled and Denied December 28, 1983.

CLARK, Judge.

Carl Wood was charged with the offense of assault in the second degree by means of a dangerous instrument. In a hearing immediately before trial, the court found Wood to be a prior offender and therefore subject to sentence by the court. Trial was thereafter had before a jury which was instructed, not only on the elements of the offense, but on the applicable...

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