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STATE v. WALLACE

Nos. WD 51127, WD 52430.

943 S.W.2d 721 (1997)

STATE of Missouri, Respondent, v. Scott D. WALLACE, Appellant.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer Denied April 1, 1997.

Application to Transfer Denied May 27, 1997.

Attorney(s) appearing for the Case

David Simpson, Asst. Public Defender, Columbia, for appellant.

Jeremiah W. (Jay) Nixon, Attorney General, Jefferson City, Philip M. Koppe, Assistant Attorney General, Kansas City, for respondent.

Before SMART, P.J., and SPINDEN and ELLIS, JJ.

Motion for Rehearing and/or Transfer to Supreme Court Denied April 1, 1997.

ELLIS, Judge.

Scott D. Wallace appeals from his conviction by jury of assault in the first degree, § 565.050.1,1 and subsequent denial of his Rule 29.15 motion for post conviction relief. Wallace was sentenced to a seven year term of imprisonment.

We state the facts in the light most favorable to the verdict. Late in the evening of July 26...

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