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STATE v. TOWNSEND

No. 50652.

716 S.W.2d 403 (1986)

STATE of Missouri, Plaintiff-Respondent, v. James TOWNSEND, Defendant-Appellant.

Missouri Court of Appeals, Eastern District, Division Three.

Motion for Rehearing and/or Transfer Denied September 10, 1986.

Application to Transfer Denied October 14, 1986.

Attorney(s) appearing for the Case

Charles Clifford Schwartz, James Jay Knappenberger, Clayton, for defendant-appellant.

John Munson Morris, Timothy William Anderson, Jefferson City, for plaintiff-respondent.

Motion for Rehearing and/or Transfer to Supreme Court Denied September 10, 1986.

KAROHL, Presiding Judge.

Defendant James Townsend appeals jury conviction of assault in the second degree. § 565.060 RSMo Cum.Supp.1984. He was sentenced to six months imprisonment and assessed a $1,000 fine.

Defendant asserts trial court error in failing to instruct on the lesser included offense of assault in the third degree, § 565.070 RSMo 1978 and overruling...

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