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STATE v. CLARK

No. WD 61434.

110 S.W.3d 396 (2003)

STATE of Missouri, Respondent, v. Richard Lee CLARK, Appellant.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer Denied July 29, 2003.

Attorney(s) appearing for the Case

James F. Crews, Tipton, MO, for Appellant.

John M. Morris, III, Jeremiah W. (Jay) Nixon, Atty. Gen., and Stephanie Morrell, Jefferson City, MO, for Respondent.

Before ROBERT G. ULRICH, P.J., VICTOR C. HOWARD and THOMAS H. NEWTON, JJ.

Motion for Rehearing and/or Transfer to Supreme Court Denied July 29, 2003.

ROBERT G. ULRICH, Judge.

Richard Lee Clark ("Mr.Clark") appeals his conviction following jury trial for the Class C felony of assault in the second degree, section 565.060, RSMo 2000, and sentence to five years imprisonment in the Missouri Department of Corrections. Mr. Clark raises two points on appeal. He claims that the trial court erred in: (1) giving the verdict directing instruction...

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