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STATE v. SEAY

No. ED 89788.

256 S.W.3d 197 (2008)

STATE of Missouri, Respondent, v. Larry W. SEAY, Appellant.

Missouri Court of Appeals, Eastern District, Division One.

June 24, 2008.

Attorney(s) appearing for the Case

Edward S. Thompson, St. Louis, MO, for Appellant.

Jeremiah W. (Jay) Nixon, Attorney General, Jayne T. Woods, Asst. Attorney General, Jefferson City, MO, for Respondent.

ROBERT G. DOWD, JR., Judge.

Larry Seay ("Defendant") appeals from the judgment upon his conviction, following a jury trial, of assault in the third degree in violation of Section 565.070, RSMo 2000.1 Defendant argues the trial court plainly erred in failing to instruct the jury, sua sponte, on the defense of justification for use of force by a person entrusted with the care of a minor where there was sufficient evidence to support...

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