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STATE v. MURRAY

No. 67745.

925 S.W.2d 492 (1996)

STATE of Missouri, Respondent, v. Michael MURRAY, Appellant.

Missouri Court of Appeals, Eastern District, Division One.

July 9, 1996.

Attorney(s) appearing for the Case

Edward L. Armstrong, St. Louis, for appellant.

Jeremiah W. (Jay) Nixon, Atty. Gen., Breck K. Burgess, Asst. Atty. Gen., Jefferson City, for respondent.

KAROHL, Judge.

Michael Murray was found guilty of unlawful use of a weapon, a class D felony, in violation of § 571.030.1 RSMo 1986. He contends the trial court should have dismissed the charge because the prosecutor refiled the charge for a second time only after defendant sued the arresting officer. He argues prosecutorial vindictiveness. Alternatively, he requests a new trial because the trial court failed to instruct the jury on the exception to

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