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STATE v. ELMORE

No. WD 36932.

723 S.W.2d 418 (1986)

STATE of Missouri, Respondent, v. Ottie ELMORE, Appellant.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer Denied December 23, 1986.

Application to Transfer Denied February 17, 1987.

Attorney(s) appearing for the Case

Dan J. Pingelton, Columbia, for appellant.

William L. Webster, Atty. Gen., Jefferson City, Philip M. Koppe, Asst. Atty. Gen., Kansas City, for respondent.

Before SHANGLER, P.J., MANFORD and BERREY, JJ.

Motion for Rehearing and/or Transfer to Supreme Court Denied December 23, 1986.

BERREY, Judge.

Appellant (hereinafter defendant) was convicted by a jury of sexual assault in the first degree and punishment assessed at two (2) years imprisonment.

The defendant alleges two points of error: (1) that the trial court erred in not giving MAI-CR 2.37.2.2 and 20.04.2 instructions because defendant had established a genuine factual dispute as to his mistaken...

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