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STATE v. CARNAHAN

No. WD 49582.

912 S.W.2d 115 (1995)

STATE of Missouri, Respondent, v. Gerald CARNAHAN, Appellant.

Missouri Court of Appeals, Western District.

December 26, 1995.

Attorney(s) appearing for the Case

Jon Van Arkel, District Public Defender, Springfield, for appellant.

Thomas E. Mountjoy, Pros. Atty., Cynthia A. Rushefsky, Asst. Pros. Atty., Greene County, Springfield, for respondent.

Before BERREY, P.J., and ULRICH and ELLIS, JJ.

BERREY, Judge.

Appellant was charged in Greene County with the class A misdemeanor of assault of a law enforcement officer in the third degree, § 565.083, RSMo. Supp.1993, and the class B misdemeanor of unlawful use of a weapon in violation of § 571.030.1(5), RSMo. Supp.1993. The appellant sought and received a change of venue pursuant to Rule 32.04, and the case was bench tried in Clay County, Missouri.

Appellant was then convicted of both counts...

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