STATE v. THOMAS

No. ED 90393.

272 S.W.3d 421 (2008)

STATE of Missouri, Plaintiff/Respondent, v. Gary R. THOMAS, Defendant/Appellant.

Missouri Court of Appeals, Eastern District, Division Four.

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


Attorney(s) appearing for the Case

Julie L. Brothers, Frank, Juengel & Radefeld, Clayton, MO, for Appellant.

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


OPINION

MARY K. HOFF, Judge.

Gary R. Thomas (Defendant) appeals from the judgment upon his conviction by a jury for second-degree assault, Section 565.060, RSMo 2000,1 for which Defendant was sentenced to five years' imprisonment. On appeal, Defendant argues the trial court erred: (1) in overruling Defendant's motion for judgment of acquittal at the close of all evidence and in entering a judgment of conviction against Defendant...

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