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STATE v. NIEDERSCHULTE

No. WD 39333.

750 S.W.2d 491 (1988)

STATE of Missouri, Respondent, v. Charles D. NIEDERSCHULTE, Appellant.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer Denied May 3, 1988.

Application to Transfer Denied June 14, 1988.

Attorney(s) appearing for the Case

Sean D. O'Brien, Public Defender, Patrick J. Berrigan, Asst. Public Defender, Kansas City, for appellant.

William L. Webster, Atty. Gen., Scott L. Templeton, Asst. Atty. Gen., Jefferson City, for respondent.

Before LOWENSTEIN, P.J., and MANFORD and NUGENT, JJ.

Motion for Rehearing and/or Transfer to Supreme Court Denied May 3, 1988.

LOWENSTEIN, Presiding Judge.

Niederschulte was convicted of Assault in the First Degree and Armed Criminal Action, both Class A felonies, and received consecutive sentences of fifteen and five years respectively. He brings this appeal alleging the court erred by refusing to submit to the jury his proffered instructions on the assault count...

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