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STATE v. McWHIRTER

No. WD 51934.

935 S.W.2d 778 (1996)

STATE of Missouri, Respondent, v. Steven Carl McWHIRTER, Appellant.

Missouri Court of Appeals, Western District.

December 17, 1996.

Attorney(s) appearing for the Case

Emmett D. Queener, Asst. Public Defender, Columbia, for appellant.

Jeremiah W. (Jay) Nixon, Attorney General, David G. Brown, Assistant Attorney General, Jefferson City, for respondent.

Before ELLIS, P.J., and LOWENSTEIN and LAURA DENVIR STITH, JJ.

LAURA DENVIR STITH, Judge.

Defendant Steven McWhirter was charged with criminal non-support. A jury found him guilty of the offense and he was sentenced to prison. Mr. McWhirter appeals, alleging that the trial court erred in (1) denying his motion to disqualify the prosecutor for a conflict of interest and (2) overruling his objection to a witness' unresponsive answer. Finding no plain error in either of the trial court's rulings, we affirm.

I.

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