STATE v. DAVIS

No. 48590.

689 S.W.2d 743 (1985)

STATE of Missouri, Plaintiff-Respondent, v. Ernest DAVIS a/k/a Ernest Anderson, Defendant-Appellant.

Missouri Court of Appeals, Eastern District, Division Three.

Motion for Rehearing and/or Transfer Denied April 9, 1985.

Application to Transfer Denied May 29, 1985.


Attorney(s) appearing for the Case

Debra Buie Arnold, St. Louis, for defendant-appellant.

Gary L. Gardner, Asst. Atty. Gen., St. Louis, for plaintiff-respondent.


Motion for Rehearing and/or Transfer to Supreme Court Denied April 9, 1985.

CLEMENS, Senior Judge.

The issue here: Did defendant Ernest Davis recklessly assault Dolores Isaiah causing a "serious physical injury"? (§ 565.060.1(2)). The quoted phrase was defined by the trial court to include the protracted impairment of a bodily member or organ. (§ 556.061(24)).

The jury found defendant guilty and the trial court sentenced him as a previous...

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