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  5. 838 S.W.2d 19 (1992)
 

STATE v. SCHULER

Nos. 60587, 60756.

838 S.W.2d 19 (1992)

STATE of Missouri, Appellant, v. Paul J. SCHULER, Respondent. Paul J. SCHULER, Appellant, v. STATE of Missouri, Respondent.

Missouri Court of Appeals, Eastern District, Division Three.

Motion for Rehearing and/or Transfer Denied September 2, 1992.

Application to Transfer Denied October 27, 1992.

Attorney(s) appearing for the Case

William L. Webster, Atty. Gen., Breck K. Burgess, Asst. Atty. Gen., Jefferson City, for State.

William R. Dorsey, Clayton, for Schuler.

Motion for Rehearing and/or Transfer to Supreme Court Denied September 2, 1992.

CRIST, Judge.

Defendant was found guilty of assault in the second degree and armed criminal action in a court-tried case. The trial court denied Defendant's motion for new trial on the assault count, but sustained his motion for new trial on the armed criminal action count.

The State appeals the trial court's grant of the motion for new trial on the armed criminal action...

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