STATE v. DUNN

No. 62462.

852 S.W.2d 157 (1993)

STATE of Missouri, Plaintiff/Respondent, v. Donald L. DUNN, Defendant/Appellant.

Missouri Court of Appeals, Eastern District, Southern Division.

Motion for Rehearing and/or Transfer Denied May 3, 1993.


Attorney(s) appearing for the Case

Mary J. Lake, Hillsboro, for defendant/appellant.

Paul W. Hahn, Pros. Atty., Bolliger County, Marble Hill, for plaintiff/respondent.


Motion for Rehearing and/or Transfer to Supreme Court Denied May 3, 1993.

GRIMM, Judge.

A jury found defendant guilty of third degree assault, a misdemeanor. Defendant's sole point on appeal alleges the trial court erred in giving the third degree assault instruction as a lesser included offense of first degree assault. We disagree and affirm.

Defendant does not contest the sufficiency of the evidence. The jury could believe that on October 20, 1991...

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