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STATE v. ESKER

No. WD 34110.

658 S.W.2d 49 (1983)

STATE of Missouri, Respondent, v. Akbar ESKER, Appellant.

Missouri Court of Appeals, Western District.

September 6, 1983.

Attorney(s) appearing for the Case

Hale W. Brown and Hale Brown, Jr., Kirkwood, for appellant.

John Ashcroft, Atty. Gen., Kristie Green, Asst. Atty. Gen., Jefferson City, for respondent.

Before CLARK, P.J., and DIXON and NUGENT, JJ.

NUGENT, Judge.

Defendant appeals his conviction by a jury of abuse of a child, sec. 568.060,1 for which he was sentenced to five years imprisonment. Defendant challenges the trial court's use of a jury instruction based on a combination of MAI-CR2d 2.12 and MAI-CR2d 22.12. That instruction, he contends, was used contrary to the relevant notes on use and erroneously permitted the jury to find him guilty without determining whether he was...

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