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STATE v. HYATT

No. WD 37655.

716 S.W.2d 423 (1986)

STATE of Missouri, Respondent, v. Alfred HYATT, Appellant.

Missouri Court of Appeals, Western District.

August 6, 1986.

Attorney(s) appearing for the Case

George M. Ely, Hamilton, for appellant.

William L. Webster, Atty. Gen., Carrie Francke, Asst. Atty. Gen., Jefferson City, for respondent.

Before SHANGLER, P.J., and DIXON and LOWENSTEIN, JJ.

LOWENSTEIN, Judge.

Defendant Alfred Hyatt appeals from a conviction for felony assault in the second degree in violation of § 565.060, RSMo 1978. After jury verdict, the trial court sentenced Hyatt as a persistent offender to ten years' imprisonment. The first issue on appeal relates to testimony of a police officer concerning statements made by Hyatt to police officers after the assault occurred. A second issue concerns whether the trial court should have instructed...

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