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STATE v. PAYNE

No. ED 77971.

42 S.W.3d 842 (2001)

STATE of Missouri, Respondent, v. Calvin PAYNE, Appellant.

Missouri Court of Appeals, Eastern District, Division Three.

Motion for Rehearing and/or Transfer Denied April 19, 2001.

Application to Transfer Denied May 29, 2001.

Attorney(s) appearing for the Case

Ellen H. Flottman, Asst. Public Defender, Columbia, MO, for appellant.

Jeremiah W. (Jay) Nixon, Atty. Gen., Stephanie Morrell, Asst. Atty. Gen., Jefferson City, MO, for respondent.

Before GARY M. GAERTNER, P.J., CRAHAN, J., and DRAPER, J.

Motion for Rehearing and/or Transfer to Supreme Court Denied April 19, 2001.

ORDER

PER CURIAM.

Calvin Payne ("Defendant") appeals his conviction of two counts of assault in the first degree and two counts of armed criminal action. Defendant argues that the trial court erred in refusing to submit Defendant's proposed instruction on assault in the second degree, overruling Defendant's motion for judgment of acquittal on one count and overruling...

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