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STATE v. SMOTHERMAN

No. 22307.

993 S.W.2d 525 (1999)

STATE of Missouri, Plaintiff-Respondent, v. Michael D. SMOTHERMAN, Defendant-Appellant.

Missouri Court of Appeals, Southern District, Division Two.

Motion for Rehearing or Transfer Denied May 3, 1999.

Attorney(s) appearing for the Case

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

Jeremiah W. (Jay) Nixon, Atty. Gen., and Kenneth P. Ferguson, Asst. Atty. Gen., Jefferson City, for respondent.

ROBERT S. BARNEY, Judge.

Michael Smotherman ("Defendant") was convicted by a jury of one count of the class A felony of assault in the first degree, section 565.050, RSMo 1994, and one count of armed criminal action, section 571.015, RSMo 1994. The jury found that Defendant attempted to kill or cause serious physical injury to his wife, Marla Smotherman ("Wife"), by shooting her and in the course of such conduct Wife sustained serious physical injury. Further, the...

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