Missouri Court of Appeals April 1, 1997, WD 52632 (State v. Zimmerman)

EDWIN H. SMITH, Judge.

Respondent, Stephen N. Zimmerman, was charged in the Circuit Court of Cass County in Count I with the class B felony of assault in the first degree, § 565.050,

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and in Count II with the felony of armed criminal action, § 571.015. The charges were tried to a jury with the jury being instructed down on Count I as to assault in the second degree, § 565.