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STATE v. POLITTE

No. 19345.

886 S.W.2d 946 (1994)

STATE of Missouri, Plaintiff-Respondent v. Roy POLITTE, Defendant-Appellant.

Missouri Court of Appeals, Southern District, Division Two.

November 7, 1994.

Attorney(s) appearing for the Case

Ellen H. Flottman, Office of the State Public Defender, Columbia, for appellant.

Jeremiah W. (Jay) Nixon, Atty. Gen., Becky Owenson Kilpatrick, Asst. Atty. Gen., Jefferson City, for respondent.

PARRISH, Judge.

Roy Politte (defendant) was convicted of attempted burglary in the first degree. §§ 564.011 and 569.160.1 Due to instructional error, the conviction must be reversed and remanded for new trial.

The dispositional point on appeal is defendant's allegation that the trial court gave the jury an erroneous instruction. It is, therefore, not necessary to digest acts the state alleges defendant committed. The...

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