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STATE v. MAYNARD

No. WD 53070.

954 S.W.2d 624 (1997)

STATE of Missouri, Respondent, v. Wendell MAYNARD, Appellant.

Missouri Court of Appeals, Western District.

October 21, 1997.

Attorney(s) appearing for the Case

Byron Neal Fox, Kansas City, for appellant.

Jeremiah W. (Jay) Nixon, Atty. Gen., Jefferson City, Philip M. Koppe, Asst. Atty. Gen., Kansas City, for respondent.

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

ULRICH, Chief Judge, Presiding Judge.

Wendell Maynard appeals his convictions following jury trial for second degree murder, section 565.021, RSMo 1994, and armed criminal action, section 571.015, RSMo 1994, and sentences of life imprisonment for the second degree murder and a term of 60 years imprisonment for armed criminal action. Mr. Maynard raises four points of error on appeal. He contends that the trial court erred in (1) instructing the jury on the lesser included...

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