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STATE v. WALKUP

No. ED 83189.

140 S.W.3d 128 (2004)

STATE of Missouri, Respondent, v. Joseph L. WALKUP, Appellant.

Missouri Court of Appeals, Eastern District, Division One.

Motion for Rehearing and/or Transfer Denied July 8, 2004.

Application for Transfer Denied August 24, 2004.

Attorney(s) appearing for the Case

Gary H. Sokolik, Perry, MO, for appellant.

Andrea Kaye Spillars, Leslie E. McNamara, Jefferson City, MO, for respondent.

Before GARY M. GAERTNER, SR., P.J., ROBERT G. DOWD, JR., J., and MARY R. RUSSELL, J.

Motion for Rehearing and/or Transfer to Supreme Court Denied July 8, 2004.

ORDER

PER CURIAM.

Joseph L. Walkup ("Defendant") appeals from the judgment entered on a jury verdict convicting him of unlawful use of a weapon in violation of RSMo 571.030(1) 2000. He asserts two points of error on appeal. First, Defendant alleges that the trial court erred in allowing improper testimony regarding his failure to make exculpatory statements, thereby...

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