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STATE v. LAKEBRINK

No. 48225.

689 S.W.2d 832 (1985)

STATE of Missouri, Respondent, v. Robert LAKEBRINK, Appellant.

Missouri Court of Appeals, Eastern District, Division Three.

April 23, 1985.

Attorney(s) appearing for the Case

Daniel B. Hayes, Clayton, for appellant.

John Munson Morris, Asst. Atty. Gen., Jefferson City, for respondent.

CRANDALL, Judge.

Defendant, Robert Lakebrink, appeals from his conviction after a jury trial of assault in the first degree. He was sentenced to ten years' imprisonment.

Defendant alleges on appeal that (1) the State failed to make a submissible case, and (2) the court erred in failing to give MAI-CR 2.28, an instruction on excusable homicide or assault. We affirm.

The State clearly made a submissible case on the charge of first degree assault. The...

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