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STATE v. McALISTER

No. WD 34102.

652 S.W.2d 269 (1983)

STATE of Missouri, Respondent, v. Mitchell McALISTER, Appellant.

Missouri Court of Appeals, Western District.

May 10, 1983.

Attorney(s) appearing for the Case

Thomas J. Marshall, Public Defender, Moberly, for appellant.

John Ashcroft, Atty. Gen., Janet E. Papageorge, Asst. Atty. Gen., Jefferson City, for respondent.

Before TURNAGE, P.J., and PRITCHARD and KENNEDY, JJ.

TURNAGE, Presiding Judge.

Mitchell McAlister was found guilty by a jury of carrying a concealed weapon under § 571.030.1(1) RSMo 1981. Upon the jury's failure to assess punishment, the court sentenced McAlister to two years imprisonment to run consecutively with any other terms which he was serving.

On this appeal, McAlister contends that the evidence was insufficient to support his conviction, and that the court erred in giving an instruction in the...

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