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  5. 877 S.W.2d 147 (1994)
 

STATE v. AKERS

Nos. 17723, 19001.

877 S.W.2d 147 (1994)

STATE of Missouri, Plaintiff-Respondent, v. David Wayne AKERS, Defendant-Appellant. David Wayne AKERS, Movant-Appellant, v. STATE of Missouri, Respondent.

Missouri Court of Appeals, Southern District, Division Two.

May 23, 1994.

Attorney(s) appearing for the Case

Emmett D. Queener, Office of the State Public Defender, Columbia, for appellant.

Jeremiah W. (Jay) Nixon, Atty. Gen., Cheryl A. Caponegro, Asst. Atty. Gen., for respondent.

GARRISON, Judge.

Appellant (Defendant) was convicted by a jury of assault in the first degree by attempting to cause serious physical injury to Dennis Haslag in violation of § 565.050.1 His appeal from that conviction is Case No. 17723. Before discussing the substantive issue raised by Defendant, however, it is necessary that we address the State's contention that this appeal should be...

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