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STATE v. MOORE

No. 17754.

832 S.W.2d 335 (1992)

STATE of Missouri, Respondent, v. Sheila Mae MOORE, Appellant.

Missouri Court of Appeals, Southern District, Division Two.

June 10, 1992.

Attorney(s) appearing for the Case

Marcie W. Bower, Columbia, for appellant.

William L. Webster, Atty. Gen., Hugh L. Marshall, Asst. Atty. Gen., Jefferson City, for respondent.

FLANIGAN, Chief Judge.

A jury found defendant Sheila Moore guilty of assault in the second degree, and she was sentenced to five years' imprisonment. Defendant appeals.

Defendant's sole point is that the trial court committed plain error in giving Instruction 4, based on MAI-CR 3d 302.04 because it improperly defined "proof beyond a reasonable doubt" and allowed the jury to find defendant guilty based on a degree of proof below that required by due process...

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