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STATE v. SHROUT

No. SD 32333.

419 S.W.3d 209 (2013)

STATE of Missouri, Plaintiff-Respondent, v. Robert Emil SHROUT, Defendant-Appellant.

Missouri Court of Appeals, Southern District, Division Two.

Application for Transfer Denied February 25, 2014.

Motion for Rehearing and/or Transfer to Supreme Court Denied January 9, 2014.

Attorney(s) appearing for the Case

Timothy R. Cisar and Grant W. Smith, The Cisar Law, Firm, P.C, Lake Ozark, Missouri, Attorneys for Appellant.

Chris Koster, Attorney General, and Jennifer A. Rodewald, Assistant Attorney General, Jefferson City, Missouri, Attorneys for Respondent.

GARY W. LYNCH, J.

Robert Emil Shrout ("Defendant") appeals his conviction for involuntary manslaughter in the second degree, see section 565.024.3.1 He raises four issues on appeal: (1) that he was not subject to a duty of care to the victim; (2) that, even if he was subject to such a duty, the evidence was insufficient to show that he breached that duty; (3) that section 565.024 is void for vagueness because it does not define...

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