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STATE v. SMITH

No. WD 40859.

772 S.W.2d 760 (1989)

STATE of Missouri, Respondent, v. Andrew Dale SMITH, Appellant.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer Denied June 27, 1989.

Application to Transfer Denied August 1, 1989.

Attorney(s) appearing for the Case

Robert G. Duncan, Kansas City, for appellant.

William L. Webster, Atty. Gen., Jefferson City, Philip M. Koppe, Asst. Atty. Gen., Kansas City, for respondent.

Before KENNEDY, C.J., and LOWENSTEIN and GAITAN, JJ.

Motion for Rehearing and/or Transfer to Supreme Court Denied June 27, 1989.

GAITAN, Judge.

Defendant-appellant, Andrew Dale Smith, was originally charged in the Livingston County Circuit Court with burglary in the first degree and assault in the first degree. The latter charge was amended to assault in the second degree. A change of venue was granted and the cases were eventually transferred to Clinton County where they were consolidated for trial. He appeals...

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