STATE v. MAXIE

No. 48630.

693 S.W.2d 161 (1985)

STATE of Missouri, Plaintiff-Respondent, v. Thomas MAXIE, Defendant-Appellant.

Missouri Court of Appeals, Eastern District, Division Three.

Motion for Rehearing and/or Transfer Denied June 5, 1985.

Application to Transfer Denied August 7, 1985.


Attorney(s) appearing for the Case

John Putzel, Public Defender, St. Louis, for defendant-appellant.

William L. Webster, Atty. Gen., Thomas Carter, II, Jefferson City, for plaintiff-respondent.


Motion for Rehearing and/or Transfer to Supreme Court Denied June 5, 1985.

CLEMENS, Senior Judge.

Defendant Thomas Maxie does not appeal his conviction and thirty year sentence as a prior felon for first degree burglary. Instead, he challenges only his conviction and ten year consecutive sentence for second degree assault upon the 80-year-old robbery victim. This depends on whether he caused her a mere "physical injury" or, as found by the jury, he...

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