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STATE v. McGOWAN

No. WD 42372.

789 S.W.2d 242 (1990)

STATE of Missouri, Respondent, v. Michael McGOWAN, Appellant.

Missouri Court of Appeals, Western District.

May 22, 1990.

Attorney(s) appearing for the Case

Daniel C. Miller, Sp. Public Defender, Kansas City, for appellant.

William L. Webster, Atty. Gen., Robert P. Sass, Asst. Atty. Gen., Jefferson City, for respondent.

Before SHANGLER, P.J., and CLARK and BERREY, JJ.

CLARK, Judge.

Michael McGowan was convicted of one count of second degree assault, three counts of third degree assault and one count of armed criminal action, all the result of a street gang confrontation which occurred October 16, 1988. On this appeal from the convictions, McGowan contends the state failed to make a submissible case and that he should be discharged.

The uncontroverted evidence established the following facts. McGowan was a member of a gang...

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