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STATE v. DUKES

No. 57040, 59357.

813 S.W.2d 373 (1991)

STATE of Missouri, Plaintiff/Respondent, v. Robert DUKES, Defendant/Appellant. Robert DUKES, Movant/Appellant, v. STATE of Missouri, Respondent/Respondent.

Missouri Court of Appeals, Eastern District, Division Two.

August 6, 1991.

Attorney(s) appearing for the Case

Jeannei Arterburn, St. Louis, for defendant/appellant.

William L. Webster, Atty. Gen., Millie Aulbur, Asst. Atty. Gen., Jefferson City, for plaintiff/respondent.

GRIMM, Presiding Judge.

Defendant Robert Dukes appeals his convictions for second degree assault in violation of § 565.060,* armed criminal action in violation of § 571.015, and first degree trespass in violation of § 569.140. He claims the trial court erred in permitting two minors under the age of ten to testify and in submitting a jury instruction which he contends gave an impermissible definition of reasonable doubt...

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