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STATE v. MOLASKY

No. 70615.

765 S.W.2d 597 (1989)

STATE of Missouri, Respondent, v. Mark MOLASKY, Appellant.

Supreme Court of Missouri, En Banc.

February 14, 1989.

Attorney(s) appearing for the Case

Cyril M. Hendricks, Grant Smith, Jefferson City, for appellant.

William L. Webster, Atty. Gen., Elizabeth Levin Ziegler, Asst. Atty. Gen., Jefferson City, for respondent.

WELLIVER, Judge.

Appellant, Mark Molasky, was convicted of second degree attempted murder, § 564.011 and § 565.004, RSMo 19781, and tampering with physical evidence, § 575.100, RSMo 1978. He was sentenced to 15 years for attempted murder and one year for tampering with physical evidence.

Appellant appealed to the Southern District Court of Appeals alleging the unconstitutionality of § 564.011, RSMo 1978. The...

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