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STATE v. LEUSCHEN

No. 14658.

724 S.W.2d 340 (1987)

STATE of Missouri, Plaintiff-Respondent, v. Dennis LEUSCHEN, Defendant-Appellant.

Missouri Court of Appeals, Southern District, Division Two.

February 10, 1987.

Attorney(s) appearing for the Case

No appearance for plaintiff-respondent.

Charles M. Wesley, Waynesville, for defendant-appellant.

PREWITT, Presiding Judge.

Following jury trial defendant was convicted of assault on Stephen Merz in the third degree, § 565.070, RSMo 1978, and fined $750.00. He appeals, contending that the trial court erred in not giving an instruction patterned after MAI-CR2d 2.42 "Justification: Use of Force in Defense of Premises".

MAI-CR2d 2.42 is based upon § 563.036, RSMo 1978. The portion of that statute relevant here is subsection 1. It provides in part...

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