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STATE v. SIMMONS

No. WD 40238.

760 S.W.2d 521 (1988)

STATE of Missouri, Respondent, v. Mark A. SIMMONS, Appellant.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer Denied November 1, 1988.

Application to Transfer Denied December 13, 1988.

Attorney(s) appearing for the Case

Robert G. Duncan, Kansas City, for appellant.

William L. Webster, Atty. Gen., William J. Swift, Asst. Atty. Gen., Jefferson City, for respondent.

Before COVINGTON, J., Presiding, and NUGENT and GAITAN, JJ.

Motion for Rehearing and/or Transfer to Supreme Court Denied November 1, 1988.

PER CURIAM:

Defendant was charged with assault in the first degree, in violation of § 565.050, RSMo 1986. He was convicted after a jury trial and sentenced to a term of ten years' imprisonment. On appeal the defendant claims that the trial court erred in overruling his motion for a judgment of acquittal because there was insufficient evidence to support his conviction. The...

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