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STATE v. WILLIAMS

No. 18241.

865 S.W.2d 794 (1993)

STATE of Missouri, Plaintiff-Respondent, v. Leon WILLIAMS, Jr., Defendant-Appellant.

Missouri Court of Appeals, Southern District, Division Two.

Motion for Rehearing or Transfer Denied November 4, 1993.

Application to Transfer Denied December 21, 1993.

Attorney(s) appearing for the Case

Roy W. Brown, Bruce B. Brown, Kearney, for defendant-appellant.

Jeremiah W. (Jay) Nixon, Atty. Gen., Hugh L. Marshall, Asst. Atty. Gen., Jefferson City, for plaintiff-respondent.

FLANIGAN, Presiding Judge.

A jury found defendant Leon Williams, Jr., guilty of murder in the second degree, § 565.021,1 and he was sentenced to life imprisonment. The victim was defendant's three-year-old stepson, Justin Minogue. Defendant appeals.

In general, defendant contends: (1) There was a prejudicial variance between the offense charged in the information and the offense as submitted in Instruction 5, the verdict-directing...

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