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STATE v. FANNING

No. WD 46966.

874 S.W.2d 401 (1994)

STATE of Missouri, Respondent, v. John W.W.R. FANNING, Appellant.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer Denied March 28, 1994.

Application to Transfer Denied May 26, 1994.

Attorney(s) appearing for the Case

Gary E. Brotherton, Office of the State Public Defender, Columbia, for appellant.

Jeremiah W. (Jay) Nixon, Atty. Gen., Jefferson City, Philip M. Koppe, Asst. Atty. Gen., Kansas City, for respondent.

Before HANNA, P.J., and LOWENSTEIN and FENNER, JJ.

Motion for Rehearing and/or Transfer to Supreme Court Denied March 28, 1994.

LOWENSTEIN, Judge.

Fanning appeals the convictions and concurrent life sentences imposed as a persistent offender for murder in the second degree and armed criminal action. Fanning raises four issues on appeal, one of which is a constitutional challenge to the court's submission of an instruction patterned after MAI-CR3d 310.50, which told the jury, "You are instructed that an intoxicated...

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