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STATE v. POWERS

Nos. WD 49633, WD 50857.

913 S.W.2d 138 (1996)

STATE of Missouri, Respondent, v. Steven M. POWERS, Appellant. Steven Mack POWERS, Appellant, v. STATE of Missouri, Respondent.

Missouri Court of Appeals, Western District.

January 9, 1996.

Attorney(s) appearing for the Case

Judith C. LaRose, Office of the State Public Defender, Columbia, for appellant.

Jeremiah W. (Jay) Nixon, Atty. Gen., Christine M. Blegen, Asst. Atty. Gen., Jefferson City, for respondent.

Before FENNER, C.J., P.J., BRECKENRIDGE and SMITH, JJ.

FENNER, Chief Judge.

Steven Mack Powers appeals his conviction on two counts of unlawful use of a weapon pursuant to section 571.030.1(4), in the Circuit Court of Chariton County, and also appeals the dismissal of his Rule 29.15 proceeding by the same court.

The record viewed in the light most favorable to the verdict reveals that on November 20, 1993, the family of Frank and Mary McElwee gathered at their home to celebrate Thanksgiving. Appellant's wife,...

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