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STATE v. COLLINS

Nos. WD 63517, WD 63518.

154 S.W.3d 486 (2005)

STATE of Missouri, Respondent, v. Teddy COLLINS; Eddie Collins, Appellants.

Missouri Court of Appeals, Western District.

February 8, 2005.

Attorney(s) appearing for the Case

Patrick W. Peters, Kansas City, MO, Robert Lee Knapp, Independence, MO, for Appellants.

James David McConnell, Shelbyville, MO, for Respondent.

Before EDWIN H. SMITH, C.J., HOWARD and NEWTON, JJ.

EDWIN H. SMITH, Chief Judge.

Eddie Collins (Eddie) and his son and co-defendant, Teddy Collins (Teddy), appeal the judgments of their convictions, after a jury trial, of assault in the third degree, § 565.070.1 They were both charged with assault in the first degree, § 565.050, but were acquitted by the jury of that offense and the lesser-included offense of assault in the second degree, § 565.060.

In their joint...

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