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STATE v. HENKE

No. ED 80798.

108 S.W.3d 726 (2003)

STATE of Missouri, Plaintiff/Respondent, v. Timothy HENKE, Defendant/Appellant.

Missouri Court of Appeals, Eastern District, Division Four.

June 17, 2003.

Attorney(s) appearing for the Case

Irene C. Karns, Public Defenders Office, Columbia, MO, for appellant.

John Munson Morris, III, Joel A. Block, Attorney General's Office, Jefferson City, MO, for respondent.

Before WILLIAM H. CRANDALL, JR., P.J., SHERRI B. SULLIVAN, J., and GLENN A. NORTON, J.

ORDER

PER CURIAM.

Timothy Henke (Defendant) appeals from a judgment of conviction of second-degree assault of a law enforcement officer and resisting arrest. Defendant alleges trial court error in submitting the assault of a law enforcement officer charge to the jury because of insufficiency of the evidence and in not sua sponte declaring a mistrial because of certain testimony. We have reviewed the briefs of the parties and the record on appeal...

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