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STATE v. DOWNS

Nos. WD 49813, WD 51230.

938 S.W.2d 317 (1997)

STATE of Missouri, Respondent, v. William R. DOWNS, Appellant.

Missouri Court of Appeals, Western District.

February 11, 1997.

Attorney(s) appearing for the Case

Susan L. Hogan, Appellate Defender, Kansas City, for appellant.

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

Before ULRICH, C.J.,P.J., and BRECKENRIDGE and SPINDEN, JJ.

ORDER

PER CURIAM:

William Downs appeals from his convictions of one count of assault in the second degree, § 565.060, RSMo 1994, and one count of armed criminal action, § 571.015, RSMo 1994, for which he received two consecutive terms of two and three years, respectively. Mr. Downs contends that the trial court erred by refusing to instruct the jury on the lesser included offense of assault in the third degree because the evidence provided...

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