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STATE v. NUTT

No. WD 75765.

432 S.W.3d 221 (2014)

STATE of Missouri, Respondent, v. Chane Edward NUTT, Appellant.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer to Supreme Court Denied April 29, 2014.

Application for Transfer Denied June 24, 2014.

Attorney(s) appearing for the Case

Emmett Queener , Columbia, MO, for Appellant.

Shaun Mackelprang , Jefferson City, MO, for Respondent.

Before Division Three: ANTHONY R. GABBERT, P.J., VICTOR C. HOWARD, and THOMAS H. NEWTON, JJ.

THOMAS H. NEWTON, Judge.

Mr. Chane Edward Nutt appeals his conviction of first-degree assault, section 565.050.11 He challenges the trial court's refusal of his jury instructions. We reverse and remand.

Factual and Procedural Background

In December 2010, Mr. Nutt and Mr. Joshua Michael Durbin were inmates at a jail. Mr. Nutt and Mr. Durbin quarreled with each other in front of Mr. Durbin's cell. Mr. Nutt walked away from...

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