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STATE v. SIMMONS

No. 52907.

751 S.W.2d 85 (1988)

STATE of Missouri, Plaintiff-Respondent, v. Willie SIMMONS, Defendant-Appellant.

Missouri Court of Appeals, Eastern District, Division Five.

April 26, 1988.

Attorney(s) appearing for the Case

Merle C. Bassett, Wood River, Ill., for defendant-appellant.

William L. Webster, Atty. Gen., Karen A. King, Asst. Atty. Gen., Jefferson City, for plaintiff-respondent.

SIMEONE, Senior Judge.

Appellant, Willie Simmons, was charged, tried by a jury, and sentenced for assault in the first degree and armed criminal action. Sections 565.050, 571.015, R.S.Mo., 1986. He was committed to the Department of Corrections and Human Resources for a period of fifteen years for the assault and three years for armed criminal action. He appeals contending that (1) the trial court erred in not including a "sudden passion" paragraph in the first degree...

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