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STATE v. BYBEE

No. WD 67154.

254 S.W.3d 115 (2008)

STATE of Missouri, Respondent, v. Steven Ray BYBEE, Appellant.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer Denied April 29, 2008.

Application for Transfer Denied June 24, 2008.

Attorney(s) appearing for the Case

Shaun J. Mackelprang, Jefferson City, for respondent.

L. Thomas Elliston, Webb City, for appellant.

Before HAROLD L. LOWENSTEIN, Presiding Judge, LISA WHITE HARDWICK, Judge and JOSEPH M. ELLIS, Judge.

Motion for Rehearing and/or Transfer to Supreme Court Denied April 29, 2008.

JOSEPH M. ELLIS, Judge.

Steven Bybee appeals from his convictions by jury of one count of involuntary manslaughter, § 565.024,1 and two counts of assault in the second degree, § 565.060. For the following reasons, the judgment is reversed, and the case is remanded for a new trial.

On the evening of November 24, 2004, sixteen-year-old...

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