STATE v. O'CONNELL

Nos. 65919, 68445.

921 S.W.2d 121 (1996)

STATE of Missouri, Plaintiff/Respondent, v. John F. O'CONNELL, Defendant/Appellant. John F. O'CONNELL, Movant/Appellant, v. STATE of Missouri, Respondent/Respondent.

Missouri Court of Appeals, Eastern District, Division One.

April 30, 1996.


Attorney(s) appearing for the Case

Neil J. Bruntrager, Mary P. Schroeder, St. Louis, for appellant.

Jeremiah W. (Jay) Nixon, Atty. Gen., Breck K. Burgess, Asst. Atty. Gen., Jefferson City, for respondent.


GRIMM, Judge.

A jury found defendant guilty of second degree assault, § 565.060, RSMo1994. It recommended one year in the county jail and a fine, the amount to be determined by the court. The trial court sentenced defendant to one year and to pay a $1,000 fine. Thereafter, defendant filed a Rule 29.15 motion. The motion court dismissed it because the court found it to be improperly verified.

Defendant appeals. In his first point, he alleges the trial...

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