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STATE v. MANNING

No. 46461.

664 S.W.2d 605 (1984)

STATE of Missouri, Plaintiff-Respondent, v. Gregory Allen MANNING, Defendant-Appellant.

Missouri Court of Appeals, Eastern District, Division Four.

Motion For Rehearing and/or Transfer Denied February 17, 1984.

Application to Transfer Denied March 20, 1984.

Attorney(s) appearing for the Case

Charles Clifford Schwartz, Jr., Clayton, for defendant-appellant.

John Ashcroft, Atty. Gen., Kristie Lynne Green, Asst. Atty. Gen., Jefferson City, for plaintiff-respondent.

Motion For Rehearing and/or Transfer to Supreme Court Denied February 17, 1984.

GAERTNER, Presiding Judge.

Appellant was found guilty by a jury of assault in the second degree. He does not challenge the sufficiency of the evidence and therefore the facts may be stated briefly.

The victim of the assault was appellant's wife, Brenda. They had been separated for several months and had discussed divorce. Brenda was living in the upstairs apartment of a...

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