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STATE v. MACK

No. WD 56489.

12 S.W.3d 349 (2000)

STATE of Missouri, Respondent, v. Willie MACK, Appellant.

Missouri Court of Appeals, Western District.

February 15, 2000.

Attorney(s) appearing for the Case

Kent Denzel, Asst. Public Defender, Columbia, for appellant.

Jeremiah W. (Jay) Nixon, Atty. Gen., Breck K. Burgess, Asst. Atty. Gen., Jefferson City, for respondent.

Before Judge VICTOR C. HOWARD and THOMAS H. NEWTON

LAURA DENVIR STITH, Presiding Judge.

Defendant Willie Mack was convicted of committing violence against an employee of the Department of Corrections under Section 217.385 RSMo Cum.Supp.1995 for spitting in the face of Officer Randy Fletchall. Mr. Mack appeals, arguing that spitting does not rise to the level of "violence" under Section 217.385. We agree. While such conduct may be actionable as third degree assault under Section 565.070.1(5) RSMo 1994, or under other...

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