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STATE v. WARD

No. ED 76557.

32 S.W.3d 576 (2000)

STATE of Missouri, Respondent, v. James WARD, Appellant.

Missouri Court of Appeals, Eastern District, Division Two.

Motion for Rehearing and/or Transfer Denied November 9, 2000.

Application for Transfer Denied December 27, 2000.

Attorney(s) appearing for the Case

Dave Hemingway, Asst. Sp. Public Defender, St. Louis, for appellant.

Jeremiah W. (Jay) Nixon, Atty. Gen., Andrea L. Mazza, Asst. Atty. Gen., Jefferson City, for respondent.

Before: CLIFFORD H. AHRENS, P.J., WILLIAM H. CRANDALL Jr., J., and JAMES R. DOWD, J.

Motion for Rehearing and/or Transfer to Supreme Court Denied November 9, 2000.

ORDER

PER CURIAM.

James Ward appeals his conviction on one count of first degree murder, one count of first degree assault, and two counts of armed criminal action. Mr. Ward first argues that the trial court abused its discretion by denying a mistrial after the prosecution informed the jury of a witness without calling that witness to testify under oath. Mr. Ward...

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