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STATE v. MENTOLA

No. 13736.

691 S.W.2d 420 (1985)

STATE of Missouri, Plaintiff-Respondent, v. Ernest MENTOLA, Defendant-Appellant.

Missouri Court of Appeals, Southern District, Division Two.

Motion for Rehearing or Transfer Denied May 16, 1985.

Application to Transfer Denied June 25, 1985.

Attorney(s) appearing for the Case

William L. Webster, Atty. Gen., Michael H. Finkelstein, Asst. Atty. Gen., Jefferson City, for plaintiff-respondent.

Donald L. Catlett, Asst. Public Defender, Rolla, for defendant-appellant.

Motion for Rehearing or Transfer to Supreme Court Denied May 16, 1985.

PREWITT, Chief Judge.

Following jury trial defendant was convicted of assault in the first degree and sentenced to ten years' imprisonment. Defendant presents two points relied on.

Defendant was charged under § 565.050.1(1), RSMo 1978 (since amended, see RSMo 1984). It states that assault in the first degree can be committed if one "knowingly causes serious physical injury...

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