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STATE v. CLARK

Nos. 66259, 68232.

914 S.W.2d 441 (1996)

STATE of Missouri, Respondent, v. Earl CLARK, Appellant. Earl CLARK, Movant-Appellant, v. STATE of Missouri, Respondent.

Missouri Court of Appeals, Eastern District, Division One.

January 30, 1996.

Attorney(s) appearing for the Case

Robert E. Steele, Jr., Asst. Public Defender, St. Louis, for Appellant.

Jeremiah W. (Jay) Nixon, Attorney General, Cheryl A. Caponegro, Assistant Attorney General, Jefferson City, for Respondent.

KAROHL, Judge.

Earl Clark (defendant) was charged, jury-tried and convicted on six felony charges.1 He appeals (1) the sufficiency of the evidence with regard to Count III and Count IV; and (2) the denial of his Rule 29.15 post conviction relief without an evidentiary hearing. The other convictions are not the subject of this appeal.

Defendant's claim that the state failed to make a submissible case on the charges of assault first...

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