STATE v. HENDERSON

Nos. 65494, 67385.

913 S.W.2d 358 (1996)

STATE of Missouri, Respondent, v. Davie HENDERSON, Appellant. Davie HENDERSON, Movant-Appellant, v. STATE of Missouri, Respondent.

Missouri Court of Appeals, Eastern District, Division One.

January 9, 1996.


Attorney(s) appearing for the Case

Raymund J. Capelovitch, Asst. Public Defender, St. Louis, for Appellant.

Jeremiah W. (Jay) Nixon, Attorney General, Jill C. LaHue, Assistant Attorney General, Jefferson City, for Respondent.


KAROHL, Judge.

Defendant appeals after a jury trial, conviction and sentencing on charges of assault first degree and armed criminal action. Defendant abandoned his appeal of his denial of post conviction relief under Rule 29.15 because no issue has been briefed or argued.

The only claim of error is the court erred in rejecting defendant's proposed alibi instruction which would have allowed the jury to consider two alternative alibis. Defendant

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